Rugby World Cup 2011, New Zealand
England Rugby Travel is an Official Travel Agent of Rugby World Cup 2011, New Zealand. England Rugby Travel is a joint venture initiative between the Rugby Football Union and Mike Burton Travel. Financial protection is provided by the ABTA, IATA and ATOL licencing and bonding of Mike Burton Travel Ltd.
Rugby World Cup 2011, New Zealand Terms & Conditions.
England Rugby Travel's Package Terms and Conditions
1. Your Financial Protection
The Package Travel, Package Holidays and Package Tours Regulations 1992 require us to provide security for the monies that you pay for the package holidays booked from this brochure and for your repatriation in the event of our insolvency. We provide this security by way of an ATOL (number 3030) administered by the Civil Aviation Authority & a bond held by ABTA for packages that do not include a flight. If you book arrangements other than a package holiday from this brochure, the financial protection referred to above does not apply.
ATOL holders should include: When you buy an ATOL protected air holiday package and/or Flights from Mike Burton Travel Ltd you will receive a Confirmation Invoice from us (or via our authorised agent through which you booked) confirming your arrangements and your protection under our Air Travel Organiser’s Licence, number 3030. In the unlikely event of our insolvency, the CAA will ensure that you are not stranded abroad and will arrange to refund any money you have paid to us for an advance booking. For further information visit the ATOL website at www.atol.org.uk
ABTA: We are a Member of ABTA, membership number V4759. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct.
2. Booking
In order to make a booking, you must submit your booking request through the England Rugby Travel website (www.englandrugbytravel.com) and pay the requested deposit. The person submitting the on-line booking will be treated as doing so on behalf of, and with the consent of, all the persons for whom the booking is made. That person will also be responsible to us for full payment of the price (including any insurance premiums and cancellation or change charges) of the booking. All documents and other information regarding the holiday will be sent to the person who submitted the booking and that person is responsible for keeping other persons, for whom the booking is made, fully informed.
3. Confirmation
Our contract with you takes effect when we accept the booking requested on the website and set aside the chosen tour(s). We will send you a final invoice and confirmation of your booking which shows the details of the tour(s) and the total price payable. These should be checked very carefully to ensure that they agree with what you intended to book. If any detail is not correct you must inform us immediately. Our responsibility is to provide the tour(s) we have confirmed to you. We reserve the right to refuse your booking, in which case all money paid to us will be returned in full. Our agreement will be subject to English Law and to the exclusive jurisdiction of the English courts.
4. Special Requests
Any special requests must be made in writing and while we will try to honour these, no guarantee can be given. If we are unable to honour any special request, no compensation will be payable. If your special request can only be met at additional cost, that cost will be invoiced to you prior to departure. Unless specifically agreed by us in writing at the time you make your booking, we cannot accept any booking which is made conditional upon a special request being satisfied.
5. Payment
A non-refundable deposit per person of 100% of the package price, plus 100% of the travel insurance where applicable, must be paid at the time of making your booking request.
You may pay by online bank transfer, Maestro, Visa or MasterCard, though the following service charges will be applied for Visa Credit and Mastercard payments, 1% of total paid.
If for any reason the payments are not received by us by the due dates, we reserve the right to cancel your booking and levy a cancellation charge as though there had been a cancellation in accordance with Paragraph 7. If you pay a travel agent, money is held at all times on behalf of England Rugby Travel.
6. If you change your booking
If you wish to change any of the details of your booking, we will do our best to assist you. We charge an amendment fee of £15 for each person named on the booking form and for each detail of the booking which you change. However, if you change the booking within six weeks of departure, cancellation charges on the scale given below may be imposed. If the size of your party reduces, then we will recalculate the cost of the tour for those who are still going and the remaining client if a party of two will be charged at the single rate.
7. If you cancel
A cancellation can only be accepted in writing from the person who completed the booking on the website and is only effective from the date it is received in our offices. If you cancel the holiday or holidays booked using this website at any time after your booking has been accepted by us, then you must pay us a charge to compensate us for the expenses and losses which we will incur as a result of your cancellation. The following scale of cancellation charges will apply:-
Time Before Departure Cancellation charge as a percentage of total holiday cost (excluding insurance premiums)
More than 42 days Deposit
29-42 days 50%
15-28 days 70%
1-14 days 90%
Departure date or later 100%
NB. Insurance premiums are non-refundable.
If the reason for cancellation is covered by your insurance policy, you may be able to claim a refund of your cancellation charges from the insurance company.
8. Insurance
It is a condition of booking that you and all members of your party are adequately insured for your holiday. We have arranged a special scheme with Travel & General Insurance Services Limited the details of which are available on request. You must indicate during the booking process if you would like to receive a quote from us for insurance cover. If you arrange your own cover you must agree to the indemnity clause in the insurance section of the booking process.
9. Our liability
We contract accommodation and other arrangements through independent suppliers, who we have taken reasonable care to ensure are reputable and safe. We constantly monitor the performance of our suppliers and judge their performance against the standards and customs in the country where the services are provided. We will accept liability for the proper performance of our contractual obligation and for personal injury, arising as a result of the proven negligent acts or omissions of our staff and suppliers whilst acting within the scope of, or in the course of, their employment or contract. We will not be responsible to you in the following circumstances:-
a) If the failure or improper performance is your fault, or the fault of any member of your party.
b) If the failure is the fault of someone else not connected with the provision of the services which make up the holiday and which we have confirmed to you.
c) Any unusable or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided, even if all due care had been taken.
d) Any event that we, or the supplier of any service, even with all due care, could not foresee or forestall.
10. Limitations on our liability
In any event, compensation payable for claims against England Rugby Travel, other than compensation for personal injuries, will not exceed twice the price of the relevant holiday or holidays booked using this website. If our suppliers are able to exclude or limit liability by virtue of any international convention, we will claim the benefit of that exclusion or limitation. The liabilities of air and sea carriers are generally governed by the Warsaw Convention, Hague Protocol or Athens Convention respectively: We rely on the terms and limitations contained therein. Land, sea and air carriers have their own conditions which form part of this contract, copies of which will be supplied by ourselves if requested. For claims for personal injury, illness or death, any payments will only be made if the following conditions are met:-
a) You must tell us, and the supplier involved, about your injury or illness while you are in the resort and you must write to our office about your claim within three months of the date of arriving home. A letter from your doctor, detailing your injury, should also be included.
b) Any rights that you have against the supplier or any person, must be transferred to us.
c) c) You must agree to fully co-operate with us or our insurers, if we wish to enforce those rights.
(You are asked to transfer your rights to us, so that we can claim back from suppliers any payments that we make to you, plus any legal or other costs that are incurred.)
11. If we change the holiday or holidays booked using this website
We hope not to make any alterations to the holiday or holidays booked using this website but, because our tours are planned many months in advance, we sometimes do need to make changes. We have the right to do this at any time and you will be informed of any changes when you book or if you have already booked, we will let you know as soon as possible. Occasionally, we may need to make a major change. Major changes include a change of UK departure airport, a change of date of departure, reduction in the length of the holiday or holidays booked using this website, a change in accommodation to a lower official classification. If we do make any major changes, then you have the choice of:-
a) Accepting the changed arrangements.
b) Purchasing another holiday from us.
c) Cancelling the holiday or holidays booked using this website.
If you chose (a) or (b), we will reduce the price of the holiday or holidays booked using this website on the scale shown below and if you chose (c), we refund any money you have paid to us and where you are advised of the change within six weeks of departure, we will pay compensation on the scale below:-
Period before Compensation per full paying passenger
departure
Option A and Option B Option C
Holiday Holiday
Price Price
£0-250 over £250
More than 42 days NIL NIL NIL
29-41 days £15 £20 £10
15-28 days £20 £25 £15
9-14 days £25 £30 £20
0-8 days £30 £35 £25
NB. A compensation payment discharges all our liabilities to you and by accepting it, you agree to waive any other rights you may have.
These compensation payments do not apply where a cancellation by us is due to unforeseeable or unusual circumstances beyond our control, the consequences of which could not have been avoided, even if all due care had been exercised. Such circumstances or events include (without limitation), war or threat of war, riot, civil strife, industrial dispute, technical problems to transport, closure or congestion of airports, terrorist activity, natural or nuclear disaster, fire and adverse weather conditions.
12. If we cancel the holiday or holidays booked using this website
In very rare circumstances we may have to cancel the holiday or holidays booked using this website. Sales of a particular holiday may not reach a level which would be economical for us to operate and we reserve the right in any circumstances to cancel the holiday or holidays booked using this website. In this event we will return to you all money you have paid, or offer you an alternative holiday to purchase of comparable standard if available. In no circumstances will we cancel the holiday or holidays booked using this website after the balance of payment is due, except where this is by reason of unusual or unforeseeable circumstances beyond our control, the consequences of which could not of been avoided, even if all due care had been exercised.
13. Flights and Flight times
Due to the bespoke nature of the holiday or holidays booked using this website, we are not able to specify on the website the airline or aircraft type that we will use. We will inform you of the airline we plan to use in your booking confirmation, but we reserve the right to change airline or aircraft types at any time (see amendments by us). Such changes will not be regarded as a major change for the purpose of these booking conditions and you will not be entitled to cancel the holiday or holidays booked using this website without paying the appropriate cancellation charges (see cancellation charges). Some flights may have to stop en route and as factors affecting this are not always known before departure, we cannot always notify you in advance, though we will always endeavour to do so. Planned flight times will be given in the various documentation you receive, though these are for guidance only. Please check your final itinerary as soon as you receive it, as it will show the final timings for your flight. Flights are subject to the granting of permits and licences by authorities, both in the UK and Overseas. In the event of your flight arrangements being changed or cancelled, as outlined in this section, we accept no liability for extra costs or consequential loss, arising directly or indirectly from any independent contract arrangement, between the client and a third party. Please note that the captain of the aircraft has absolute authority over the aircraft and passengers at all times, when they are boarding or on board the aircraft. He can refuse to carry anyone if they are, in his opinion, unfit for any reason to travel or may pose a danger to the aircraft or other passengers. If you or any person for whom you are booking is refused carriage in these circumstances, the contract with us will terminate immediately and we will have no further responsibility of liability to you. Arrangements in the event of travel delay are the responsibility of the carrier.
14. If you have a complaint
If you have a complaint about the holiday or holidays booked using this website, please tell your England Rugby Travel representative and the supplier of the service concerned immediately, preferably in writing. The problem can then be thoroughly investigated and we can make all efforts to try and remedy the situation there and then to prevent the holiday or holidays booked using this website being spoilt. Unless there is a valid reason why your complaint is not reported in this manner, we will not consider ourselves liable in respect of those complaints. If your problem can still not be resolved, then you should write to our Head Office in Gloucester within 28 days of the completion of the holiday or holidays booked using this website. No liability can be accepted for claims not notified in that period or if the claim was not notified to our representative.
Disputes relating to the holiday or holidays booked using this website which cannot be settled amicably, may if you wish, be referred to arbitration under a special scheme devised by arrangements with the Association of British Travel Agents and administered independently by the Chartered Institute of Arbitrators. The scheme provides for a simple and inexpensive method of arbitration, on documents alone, with restricted liability to you, in respect of costs. The scheme does not apply to claims for an amount greater than £5,000 per person or £25,000 per booking form, or to those claims which are solely or mainly in respect of physical injury or illness or the consequences of such injury or illness. The rules of the scheme provide that the application for arbitration must be made within 9 months of the date of return from holiday, although in special circumstances may still be offered outside this period.
15. Website Accuracy
Websites are produced well in advance of the tours taking place and there may be occasions when advertised facilities or entertainment is not available during the tour, due to bad weather, essential maintenance, cleaning or lack of demand. You should also remember that the general standard of hygiene, public utilities, drainage, plumbing and services in general may not be as sophisticated as in the U.K. All information published and displayed on the website, has been compiled from up to date details and we have taken the up most care to ensure fact and accuracy. There maybe occasions when an advertised facility is either modified or not available. Such situations may be dictated by local circumstances, necessity for maintenance (swimming pools for example), unsuitable weather, fuel shortage, accidental damage to accommodation or other circumstances totally beyond our control. If we are advised of this we will inform you as soon as possible. The website is issued on our responsibility and does not commit any airlines mentioned therein.
16. Extras
All accounts for services and goods, provided on any tour which are not covered by an inclusive package cost, must be paid by the client before departing that hotel or commencing an onward or return journey.
17. Your responsibilities
It is your responsibility to;
a) Ensure that you, and those for whom you are booking, are in possession of valid passports and any appropriate visas. You should check passport and visa requirements well in advance, particularly if you are a Non-British passport holder: Any charges, fines etc. that may be levied by authorities in the UK or overseas for non-compliance of regulations in this area will be recharged to you.
b) Check with your doctor and ensure that those for whom you are making the booking check with their doctors as to what vaccinations or inoculations are advisable for the chosen destination.
c) Ensure a reasonable standard of behaviour by yourself and by those for whom you have booked: We reserve the right to decline, to accept or retain any person as a client, if their behaviour is, in our opinion, or in the opinion of the airline pilot, hotelier or accommodation owner, manager or other person in authority likely to cause distress, damage, danger or annoyance to other customers, employees, other people or to property. You understand that we shall have no liability to pay any refund or compensation or costs incurred by any person whose behaviour is thus unacceptable.
d) The accommodation we arrange for you must only be used by those people named on the booking form. You are not allowed to share the accommodation or let anyone else stay there.
18. Holiday price
The prices in this website apply at the time of uploading, but prices can change from time to time. Prices can go up or down, and you will be informed of any price change when you contact us to enquire about a holiday . We guarantee that once you have made your booking and paid a deposit, we will not increase the price of the holiday or holidays booked using this website, except in the circumstances set out below.
The price of the holiday or holidays booked using this website is subject to surcharges on the following items: Government action, currency fluctuation, airport charges and increase in scheduled air fares. Even in this case, we will absorb an amount equivalent to 2% of the holiday price, which excludes insurance premium and any amendment charges. Only amounts in excess of this 2% will be surcharged, but where the surcharge is more than 10% of the holiday price you will be entitled to cancel the holiday or holidays booked using this website with a refund of all money paid, except for any premium paid to us for holiday insurance and amendment charges. Should you decide to cancel because of this, you must exercise your right to do so within fourteen days from the issue date printed on the invoice. Prices are in pounds sterling and rates of exchange are displayed in the website.
19. No Partnership, Agency or Joint Venture
If, in making a booking with us, you are making arrangements on behalf of third parties your booking is subject to the condition that, except with our prior written consent, you shall not (nor authorise any third party to):
(a) make any representation nor give any warranty on our behalf or in our name nor incur or create any expense chargeable to us nor pledge our credit;
b) associate yourself/itself with England Rugby Travel nor use nor allow anyone to use our name, logo or trademarks including without limitation in the promotion or advertisement of any product or service;
(c) do nor allow to be done any act or thing which will harm misuse, bring into disrepute, impair or otherwise adversely affect our rights and interests (including goodwill) in our name, logo and/or trademarks;
(d) hold yourself out to any third party as acting with our authority and/or as our agent or partner;
(e) represent that the hospitality, catering, ticket, travel, site facility and/or any other arrangements provided under this booking are made by you or any person or entity other than England Rugby Travel;
and without limitation you acknowledge that the arrangement entered into between us shall not constitute an agency, partnership, or joint venture.
You hereby undertake to us that you will bring these booking terms and conditions to the attention of any third party for whom you are booking.
20. General
Please note that if any part of these booking conditions is found to be invalid or unenforceable, then the remainder of these booking conditions will not be affected but will remain valid and enforceable.
21. Data Protection Statement
Please be assured that we have measures in place to protect the personal booking information held by us. This information will be passed on to the relevant suppliers of your travel arrangements including airlines, hotels, transport companies and British Lions Limited. The information may also be provided to public authorities such as customs or immigration if required by them, or as required by law. Certain information may also be passed on to security or credit checking companies. If you travel outside the European Economic Area, controls on data protection may not be as strong as the legal requirements in this country. We will only pass your information on to persons responsible for your travel arrangements. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary/religious requirements. If we cannot pass this information to the relevant suppliers, whether in the EEA or not, we will be unable to provide your booking. In making this booking, you consent to this information being passed on to the relevant persons. Full details of our data protection policy are available on request.
Rugby New Zealand 2011 Limited's Match Ticket Terms and Conditions
General Terms and Conditions
These Conditions govern all Tickets issued for the Tournament and the subsequent admission to any Venue to attend any Match. All capitalised terms used herein shall have the meanings given to them in paragraph 35 of these Conditions. All Tickets are issued by RNZ 2011, the Tournament organising committee, pursuant to authority granted by RWCL, the Tournament owner and the “major event organiser” (as defined in the MEMA). Any person who purchases, possesses and/or uses or attempts to use any Ticket shall be deemed to have fully and irrevocably accepted and
agreed to comply with these Conditions. These Conditions will be printed in abbreviated form on each Ticket. In the case of any conflict or ambiguity between these Conditions and the abbreviated form printed on a Ticket, these Conditions will prevail.
Venue Regulations
1. These Conditions incorporate the Venue Regulations, a copy of which is available at www.rugbyworldcup.com/tickets. By purchasing a Ticket you agree to comply with the Venue Regulations for the relevant Venue. If you fail to comply with the applicable Venue Regulations, you may be refused entry to or evicted from the Venue. In the case of any conflict or ambiguity between any term(s) of these Conditions and any term(s) of any of the Venue Regulations, the terms of these Conditions will prevail.
Ticket Purchase
2. Tickets may only be purchased through RNZ 2011 (directly or via the Official Ticketing Agent), or through the Authorised Agents, or through any other sale or transfer mechanism authorised in writing by RWCL. A full list of Authorised Agents is available at www.rugbyworldcup.com/. Tickets are non-transferable except as set out herein and are only valid for use by a Permitted Purchaser, and not by any other person.
3. The sale or other issuance of any Ticket is final and non-refundable except as outlined in paragraphs 19-24 of these Conditions or as required by applicable New Zealand law. RNZ 2011 reserves the right to not replace or accept any Ticket that has been lost, stolen, forgotten, damaged or forged, or any Ticket which is unreadable or incomplete.
Ticket Use & Prohibitions on Transfers
4. It is an essential condition of the issuance of each and every Ticket and the right of admission to a Venue that THE TICKET MUST NOT BE SOLD OR OFFERED, EXPOSED OR MADE AVAILABLE FOR SALE, OR TRANSFERRED OR OTHERWISE DISPOSED OF, EXCEPT WHERE ALL OF THE FOLLOWING CRITERIA ARE MET:
a) the sale, transfer or disposal must not be for a value greater than the Original Sale Price of the Ticket; and
b) the Ticket must not be offered publicly (including on any website) and the sale, transfer or disposal must not take place in the course of any business or for the purpose of facilitating a third party’s business; and
c) the sale, transfer or disposal must be made strictly subject to these Conditions (and the transferee’s acceptance thereof) which shall be binding upon the transferee in full as if the transferee was the Ticket Purchaser, save only that such transferee shall have no right to transfer the Ticket under this paragraph 4 nor any right to a refund under paragraphs 19-24 of these Conditions; and
d) the transferee is a natural person, who is known to the Ticket Purchaser personally and who did not become known to the Ticket Purchaser through the sale, transfer or disposal of the Ticket, and the Ticket must be for the transferee’s personal use only.
5. Notwithstanding paragraph 4 above, it is an essential condition of the issuance of each and every Ticket and the right of admission to a Venue that, the Ticket must not be:
a) transferred, used or otherwise disposed of in the course of any business or for the purpose of facilitating a third party’s business; and/or
b) transferred, used or otherwise disposed of:
i. in relation to any promotional or commercial purpose (including any competition, advertising, promotion, auction or as a prize in any competition or sweepstake, whether for a business or a charity or otherwise); or
ii. to enhance the demand for any other goods or services; and/or
c) transferred or otherwise disposed of to any person who agrees to buy any good(s) or service(s) in return for the Ticket; and/or
d) transferred, used or incorporated as part of any hospitality or travel package; and/or
e) bundled with any other good(s) or service(s) (including as part of any hospitality or travel package), in each case without the prior express written authorisation of RWCL.
6. The Ticket Holder must, upon request by RNZ 2011, RWCL or any Authorised Person, give a full explanation as to how, from whom (including full contact details) and from where his/her Ticket(s) have been obtained and at what price. If a Ticket Holder fails to provide a satisfactory, or any, explanation, RNZ 2011 may, in its absolute discretion, cancel the Ticket(s) immediately.
7. Any Ticket offered for sale, sold, transferred, used or disposed of in breach of paragraphs 4 or 5 of these Conditions may be cancelled and any person seeking to use the Ticket may be refused admission to or evicted from the Venue without refund or compensation, even if the Ticket Holder did not have prior notice of these Conditions or the breach thereof. Further, RNZ 2011 and/or RWCL may pursue any other remedies available in relation to
the breach.
8. The Tournament has been officially declared as a “major event” under the MEMA and for such purposes RWCL has been officially declared as the “major event organiser” (as defined in the MEMA) with regard to the Tournament. The unauthorised sale or trade of a Ticket for a value greater than the Original Sale Price of that Ticket is an offence under the MEMA punishable at law by a serious fine. Without prejudice to any other remedy RNZ 2011 and/or RWCL may have in relation to any breach of paragraphs 4 or 5 of these Conditions, RNZ 2011 (acting under authority from RWCL) or RWCL itself may inform the Police (or any Enforcement Officer) if it becomes aware that any Ticket is being sold illegally and may
press for charges to be brought under the MEMA (and/or RWCL may itself commence proceedings under the MEMA).
Venue Entry & Requirements
9. Admission to a Venue will only be authorised upon presentation of a valid Ticket (one Ticket will be required for each person, regardless of age) and, upon request, proof of identity with valid photograph and signature. A valid Ticket permits the Ticket Holder to occupy, at the relevant Match, the position indicated on that Ticket or such other alternative position as RNZ 2011 may allocate acting reasonably. Any Ticket Holder leaving a Venue will not be re-admitted and no pass-outs will be permitted.
10. Admission to a Venue will be refused to any person noticeably under the influence of alcohol, narcotics or any behaviour-modifying substance, or to any person behaving, or considered by any Authorised Person likely to behave, violently, harmfully or in a manner contrary to public order and/or safety. Admission will also be refused to any person who attempts to bring any Prohibited Item into a Venue.
11. It is an essential condition of issuance of any Ticket and the right of admission to a Venue that a Ticket Holder is expressly prohibited from:
a. bringing into a Venue any Prohibited Item including (without limitation):
i. bottles, glass, cans, weapons, fireworks, hard cool boxes, compressed gas containers, flares, air horns, smoke bombs and/or flag sticks;
ii. alcohol and/or illegal substances;
iii. food and drink other than small amounts for personal consumption;
iv. banners, signs or materials displaying political, religious, offensive or race-related messages, slogans or images;
v. any item that is dangerous, hazardous and/or illegal or that may be used as a weapon or a missile or that may compromise or otherwise interfere with the enjoyment, comfort or safety of (or pose a hazard to) any person or security at the Venue; and/or
vi. any camera or other type of photographic or recording device (of any nature whatsoever and whether capturing still or moving pictures) other than for personal use. Prohibited Items may be removed, confiscated and/or destroyed at the discretion of any Authorised Person;
b. possessing, bringing into, or using within a Venue any sponsorship, promotional or commercial items or materials (of whatever nature) without the prior written authorisation of RWCL and/or RNZ 2011 (the Ticket Holder may be asked to deliver up a copy of any such authorisation upon entry to or whilst within any Venue);
c. whilst within any Venue, engaging in any form of ambush marketing (whether by invasion or intrusion, as referred to in the MEMA, or otherwise), gambling, conducting any commercial activity whatsoever, or offering (either for free or for sale), selling or possessing items with intent to sell (including, without limitation, drinks, food, souvenirs, clothes, promotional and/or commercial items and literature), in each case without the prior written approval of RWCL and/or RNZ 2011. Any such items may be removed, confiscated and/or destroyed at the discretion of any Authorised Person;
d. whilst within any Venue, engaging in disruptive, dangerous or violent behaviour including (without limitation) throwing, casting, thrusting or propelling any object (including, without limitation, onto the Playing Surface), instigating violence, racism or xenophobia, behaving in a way that any reasonable person may interpret as provocative, threatening, discriminatory and/or offensive, creating or posing any threat to the life or safety of themselves or any other person(s), or harming any other person(s) in any way; and/or
e. whilst within any Venue, entering or circulating in restricted access areas or other areas where that person is not permitted, including (without limitation) the Playing Surface, climbing lighting masts, fences, roofs and other apparatus or constructions, or standing on seats.
12. No Ticket Holder shall be permitted to enter, attend or remain in attendance at any Venue where that person is banned by any competent authority and/or sports governing body from attending the Venue or the Match (or rugby matches more generally) and/or from receiving any Ticket (or tickets generally in respect of rugby matches).
13. EACH TICKET HOLDER ADMITTED TO A VENUE ACKNOWLEDGES THAT HIS/HER PRESENCE AND/OR MOVEMENT IN AND AROUND THE VENUE IS AT HIS/HER OWN RISK AND THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER RNZ 2011 (INCLUDING THE OFFICIAL TICKETING AGENT) NOR RWCL NOR ANY AUTHORISED PERSONS ARE LIABLE FOR ANY LOSS, DAMAGE AND/OR HARM, INCLUDING (WITHOUT LIMITATION) BODILY OR MENTAL HARM, PERSONAL PROPERTY DAMAGE OR LOSS, OR ANY OTHER LOSS AND/OR HARM ARISING FROM AND/OR OCCURRING DURING HIS/HER ATTENDANCE AT THE VENUE AND, WITHOUT LIMITATION TO THE FOREGOING, EACH TICKET HOLDER AGREES THAT NO CLAIM, COMPLAINT OR PROCEEDING WILL BE BROUGHT IN RELATION TO THE FOREGOING.
14. EACH TICKET HOLDER SHALL INDEMNIFY AND HOLD RNZ 2011 (INCLUDING THE OFFICIAL TICKETING AGENT) AND RWCL AND ALL AUTHORISED PERSONS HARMLESS FROM AND AGAINST ALL LOSS, DAMAGES AND LIABILITIES (INCLUDING BUT NOT LIMITED TO THE COSTS OF ENFORCEMENT OR ATTEMPTED ENFORCEMENT OF THESE CONDITIONS) SUFFERED OR INCURRED BY ANY OF THEM IN CONNECTION WITH, RESULTING FROM, OR ARISING OUT OF, A BREACH BY THE TICKET HOLDER OF ANY OF THESE CONDITIONS.
15. For the purposes of safety, security and/or checking compliance with these Conditions, each Ticket Holder shall, if requested by any Authorised Person, co-operate and comply fully with the instructions and guidelines of such Authorised Person (including by producing a valid Ticket and proof of identity with valid photograph and signature). A Ticket Holder may be requested to submit to an inspection and/or body check for the purposes of locating and
removing any Prohibited Item, and any refusal by the Ticket Holder may result in his/her eviction from the Venue.
16. The Ticket Holder acknowledges that he/she is individually responsible for his/her own property brought to and into a Venue (including Prohibited Items) and that there is no storage available at a Venue for any such items.
Media & Recordings
17. Photographs or any other recordings of sound or images taken within a Venue may be used for personal, private, non-commercial and non-promotional purposes only. It is forbidden for the Ticket Holder to disseminate at any time, over the internet, radio, television and/or any other current and/or future form or type of media, any sound, image, description or result and/or statistics of a Match (in whole or in part), or to assist any other person(s) in the conduct of such activities. The Ticket Holder is also forbidden from making or distributing broadcasts, commentary, news reports
and/or statistics in respect of the whole or any part of a Match, by any means and in any format or media, including (without limitation) any such content made, recorded or captured in still or moving form by mobile phones or by any other form of wireless and/or portable device.
18. Each Ticket Holder attending a Match:
a. acknowledges that he/she is likely to be recorded in a number of media and publicly disseminated;
b. agrees that perpetual use may be made, free of charge, of his/her voice, image and likeness captured whilst present at or about the Venue, by means of live or recorded video display, broadcast, transmission or other dissemination or recording, photographs or any other current and/or future media technologies and waives, on an irrevocable, worldwide, perpetual basis, all rights to object to such recording and the broadcasting, transmission or other dissemination thereof in any current and/or future media technologies;
c. acknowledges and agrees that RWCL is the sole legal and beneficial owner of the copyright and any other intellectual property rights of any nature whatsoever in and to any recordings of sound or images taken within a Venue (including, without limitation, any such recordings used by the Ticket Holder in breach of paragraph 17 of these Conditions), including future rights to such recordings or to any works derived from such recordings;
d. waives, on an irrevocable, worldwide and perpetual basis, all moral rights in and to any recordings of sound or images taken within a Venue (including, without limitation, any such recordings taken by the Ticket Holder in breach of paragraph 17 of these Conditions); and
e. hereby unconditionally and irrevocably grants to RWCL a perpetual, exclusive, freely assignable and royalty-free licence to use, adapt, distribute and/or exploit, by any means and in any current and/or future form or type of media or format, any recordings of sound or images taken by the Ticket Holder within a Venue in breach of paragraph 17 of these Conditions.
Refund & Cancellation
19. RNZ 2011 does not guarantee that the Match for which a Ticket is issued will take place at the date, time and Venue indicated on the Ticket. RNZ 2011 (acting in conjunction with RWCL) reserves the right to make alterations to the time, date and Venue of any Match or other details governed by any Ticket in the event of unforeseen or other circumstances, including (without limitation), force majeure, safety and security concerns or decisions from any Authorised Person or other competent authority. In the event of such alteration, neither RNZ 2011 (including the Official Ticketing Agent) nor RWCL will be liable to the Ticket Holder or any other person for any costs, expenses or other losses resulting from such alteration, except to the extent set out in paragraphs 20 and 21 of these
Conditions.
20. Subject to paragraphs 22, 23 and 24 of these Conditions, in the case of each Ticket, RNZ 2011 shall only be required to refund the Face Value to a Ticket Purchaser on application, in any one of the following circumstances:
a. if the Ticket is for a Match which is cancelled and cannot be rescheduled; or
b. if the Ticket is for a Match which is rescheduled to another date and/or another Venue subject to the Ticket Purchaser’s election under paragraph 22 of these Conditions; or
c. if the Tournament is cancelled; or
d. if the Ticket Purchaser is otherwise entitled to a refund under applicable New Zealand law.
21. If a Match is rescheduled, the Ticket Holder may elect to either:
a. use the existing Ticket for the rescheduled Match if the Match is
rescheduled for another date but is still to be staged at the same Venue;
b. subject to availability of Tickets, exchange the Ticket with RNZ 2011 for a Ticket of the same or lower price category for the rescheduled Match if the Match is rescheduled to be staged at a different Venue; or
c. if there are insufficient Tickets available for the Match rescheduled to be staged at a different Venue, or the Ticket Holder is unable to attend any rescheduled Match, the Ticket Purchaser shall be entitled to apply for a refund pursuant to sub-paragraph 20(b) of these Conditions.
22. RNZ 2011 shall not be required to refund any fees or charges paid in addition to the Face Value of the Ticket (for example, any Handling Fee or postage or courier charges) except where required by applicable New Zealand law. No interest or costs will be payable in respect of any monies refunded. Neither RNZ 2011 nor RWCL will be liable for any associated costs, expenses or loss (including, without limitation, any indirect and/or consequential loss, such as for travel to the Venue or any accommodation costs).
23. Where paragraph 20 of these Conditions applies, only the original Ticket Purchaser may apply for a refund. If RNZ 2011 initiates a refund process under sub-paragraphs 20(a), (b) or (c) of these Conditions, the Ticket Purchaser will be advised of the process and the prescribed deadline for refund applications, through the media or via direct communication, within 10 working days of the cancellation or rescheduling of the Match or the cancellation of the Tournament. The Ticket Purchaser must follow the prescribed process and deadline and produce the original Ticket in order to be eligible for a refund. To avoid any doubt, RNZ 2011 shall not be required to issue a refund in relation to any Ticket which it reasonably believes has been the subject of a sale, transfer or disposal in breach of paragraphs 4 or 5 of these Conditions.
24. A Ticket will not be exchanged or refunded if:
a. after a Match has started, it is cancelled for any reason, including, without limitation, inclement weather; or
b. on the date of a Match, the kick off is delayed for any reason; or
c. the kick off time of a Match changes after the date the Ticket was purchased.
General
25. Information about a Ticket Purchaser is gathered and stored to identify the Ticket Purchaser and for administration, communication, enforcement and access control purposes. The Ticket Purchaser has a right of access to, and correction of, his/her personal information.
26. In the event that any provision(s) of these Conditions is declared void, ineffective or unenforceable in any respect by any competent court in any jurisdiction, that provision(s) shall be severed to the extent necessary in that jurisdiction, and the remainder of these Conditions will remain in effect as if such void, ineffective or unenforceable provision(s) had not been included and the validity, enforceability and/or legal effect of such remaining Conditions shall not in any way be affected or impaired thereby.
27. RNZ 2011 RESERVES THE RIGHT TO MAKE AMENDMENTS TO THESE CONDITIONS FROM TIME TO TIME AT RNZ 2011’S SOLE DISCRETION AND WITHOUT NOTICE (INCLUDING BY AMENDING OR SUPPLEMENTING THE VENUE REGULATIONS). A full copy of the latest version of the Conditions (as amended, if appropriate) will be available at www.rugbyworldcup.com/tickets and, upon request, from RNZ 2011 at the address set out in paragraph 28 of these Conditions.
28. Any information requests or other correspondence in relation to these Conditions should be addressed to: Ticketing Manager, Rugby New Zealand 2011 Limited, PO Box 1178, Wellington 6140, New Zealand.
29. If Tickets are acquired for the purposes of a business, or the Ticket Purchaser holds him/her or itself out as acquiring Tickets(s) for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 will not apply to these Conditions or the supplies made under it.
30. These Conditions will be governed by and interpreted in accordance with the laws of New Zealand. Any dispute arising from or in connection with these Conditions or a Ticket Holder’s attendance at a Match will be submitted to the competent Court in New Zealand. Notwithstanding the foregoing, RNZ 2011 and/or RWCL reserve the right to pursue any legal proceedings in a competent court in the defendant's domicile, which proceedings shall be governed by and interpreted in accordance with the laws of New Zealand.
31. Any breach of any Condition set out herein may, in addition to any other remedy that RNZ 2011 and/or RWCL may have (including claiming under the indemnity provided in paragraph 14 of these Conditions), and even if the Ticket Holder did not have prior notice of the Condition or the breach, result in the cancellation of the Ticket, the refusal of admission to the Ticket Holder to the Venue, or his/her eviction from the Venue, in each case without refund or compensation. No failure or delay by RNZ 2011 and/or RWCL to exercise any right (in whole or in part) under these Conditions shall constitute a waiver of that right, nor restrict any further exercise of that right.
32. All Tickets (and the copyright in all Tickets) remain the property of RNZ 2011 and/or RWCL. In the event of any breach of any of these Conditions by a Ticket Holder, Tickets must, upon the request of any Authorised Person, be delivered up to that Authorised Person. Such actions are without prejudice to other remedies which may include a fine and/or legal action.
33. For the purposes of the Contracts (Privity) Act 1982, the Ticket Holder and RNZ 2011 acknowledge and agree that these Conditions confer a benefit on, and are intended to be enforceable by, RWCL.
34. To the fullest extent permitted by law, all implied representations or warranties are excluded.
Definitions
35. When used in these Conditions, the following capitalised terms shall have the following meanings :
“Authorised Agents” means the Official Corporate Hospitality Agents and Official Travel Agents appointed by or on behalf of RWCL and which are legally and contractually entitled to sell Tickets as part of hospitality and travel packages respectively;
“Authorised Person(s)” means collectively all Tournament management, Venue management, Police, New Zealand Government and local Government agencies responsible for safety and security in connection with the Tournament, each Venue and each Match, and their respective staff, officials, representatives, officers and volunteers, including (without limitation) any Enforcement Officers;
“Conditions” means these conditions and the Venue Regulations which are incorporated into these Conditions by reference, together with any amendments or updates to the same issued by or on behalf of RNZ 2011 from time to time;
“Enforcement Officer(s)” means those persons appointed under the MEMA as enforcement officers and holding a warrant of appointment;
“Face Value” means the specified price of the Ticket only, and excludes any Handling Fee (or part thereof) or other fees or charges paid by the Ticket Purchaser in respect of that Ticket (including postage or courier charges);
“Handling Fee” means the fee payable per Ticket transaction or order, charged in addition to the Face Value of the Ticket, for the processing and delivery of Tickets in that transaction or order;
"Match" means a game of rugby union forming part of the Tournament, the particulars of which are indicated on the Ticket;
“the MEMA” means the Major Events Management Act 2007 (New Zealand);
“Official Ticketing Agent” means the official appointed ticket agent of RNZ 2011, acting as agent for RNZ 2011;
“Original Sale Price” means the specified price of each Ticket plus any Handling Fee (or part thereof) and other charges necessary to effect the sale or trade of that Ticket (including postage or courier charges);
“Permitted Purchaser” means any Ticket Purchaser, any person who has obtained a Ticket in accordance with the restrictions and mechanisms outlined in these Conditions, and any other person with the prior express authorisation of RWCL;
“Playing Surface” means the area within the Venue on which the Match is played, together with any adjacent areas required for the purposes of the Match;
“Prohibited Item(s)” means any prohibited item(s) listed in full at www.rugbyworldcup.com/tickets and includes (without limitation) those items specified in sub-paragraph 11(a) of these Conditions;
“RNZ 2011” means Rugby New Zealand 2011 Limited of PO Box 1178, Wellington 6140, New Zealand;
“RWCL” means Rugby World Cup Limited of 1st Floor, Huguenot House, 35-38 St Stephen’s Green, Dublin 2, Ireland;
"Ticket" means a ticket giving right of entry to a particular Match at a particular Venue in accordance with the details indicated thereon;
"Ticket Holder” means any individual possessing, holding or using a Ticket, including (without limitation) the Ticket Purchaser or any person to whom the Ticket was issued or transferred;
“Ticket Purchaser” means the individual with legal capacity who has purchased a Ticket or Tickets through the Tournament’s official ticket programme and/or through any Authorised Agent(s);
“Tournament” means the IRB Rugby World Cup 2011;
“Venue” means the entire premises of a stadium where a Match is scheduled to take place (and/or any replacement stadium to which a Match is rescheduled) and to which a Ticket is required to gain access, including all entrance and exit gates as well as all other official installations and areas; and
“Venue Regulations” means the security protocols and the public order and safety conditions of admission to each Venue hosting a Match, including as the same may be amended, supplemented or replaced from time to time. RNZ 2011 reserves the right to append these Conditions with Venue-specific regulations if necessary for public order and safety reasons.
England Rugby Travel's RWC 2011 Additional Accommodation – Terms & Conditions
If you book additional accommodation through us after purchasing your ticket inclusive travel package or are simply purchasing accommodation on its own the following terms and conditions will apply:
1. This accommodation is sold to you separately and in addition to your travel package provided by us.
2. All accommodation is subject to availability and the contract between you and us will be formed when we confirm to you in writing that your accommodation booking request has been accepted.
3. The details of what is included in your accommodation booking will be as described in our confirmation letter.
4. All accommodation is sold on a price per room. The price applies for both dual and single occupancy.
5. The following is not included in the price of your accommodation booking: tips; mini-bar; internet access; telephone charges; transfers to or from the hotel; transfers to or from the matches; parking; insurance; food and beverages unless stated. This is not an exhaustive list and if you require these goods and services you will have to arrange and pay for them yourself.
6. All payments for accommodation are due in full when you book. If you use a credit card to make payment we will charge you a 1% service fee.
7. All payments are non refundable. If you decide to cancel your accommodation or you fail to show up at the required time then you will not receive a refund. If the reason for cancellation is covered by your insurance policy, you may be able to claim a refund of your cancellation charges from the insurance company.
8. Cancellation of your accommodation does not cancel any other part of your travel package/holiday or any other contracts for goods or services you have with us.
9. We use reasonable skill and care to select suitable accommodation providers for you but exclude all other warranties insofar as we are legally allowed to do so.
10. Our liability to you for any loss you suffer as a result of our breach of these terms shall be limited to the price you have paid for your accommodation. These limitations do not apply to death or personal injury caused by our negligence or losses you suffer as a result of our fraud.
11. We will charge you a fee of £15 per person for all booking change requests. Please note we will not be able to amend your nights of stay once confirmed. The accommodation we provide is priced according to the number of people staying in a room. If you reduce this then the cost may increase.
12. You are not permitted to resell your accommodation booking in whole or part. If you do this we may cancel your booking without refund.
13. Whilst we contract with the accommodation provider you will be required to comply with their standard terms of occupancy. If you do not comply with these terms you may be refused accommodation and will not be entitled to a refund.
14. Only people named on your confirmation letter are allowed to occupy a room. You are not allowed to let anyone else stay there.
15. You may be asked to provide a credit card imprint on arrival to guarantee payment for any additional services that you accept at the hotel. You are responsible for all such charges.
16. The hotel may operate a relocation policy if they are accidentally oversubscribed or rooms are unexpectedly unavailable. In these exceptional and rare circumstances you will be transferred to a comparable hotel at no cost to you.
17. We have visited your hotel to make sure that the accommodation you have booked with us is provided by a suitable and reliable hotelier. However, please note that standards in New Zealand may not be comparable to those in the UK.
18. You are responsible for the cost of any damage caused by you to your room, the hotel or its contents during your stay. You will be required to pay for any damage you cause prior to check out.
19. We expect you to respect the accommodation provider’s staff and other guests. If you are asked to leave the accommodation because of inappropriate or offensive behaviour we shall not be responsible and we shall not provide you with any refund for unused nights.










