Definitions and Interpretation:
“Booking” means the purchase of ticket(s) to the Tour.
“Booking Confirmation” means the email or other communication from the Club to you confirming acceptance of the booking.
“Club, us” means Newcastle United Football Company Limited (company number: 00031014).
“Conditions” means the terms and conditions applicable to: (i) each Booking; and (ii) attendance at the Tour; as set out here.
“Contract” means the binding agreement formed between you and the Club pursuant to a Booking, incorporating these Conditions.
“Data Protection Legislation” means all applicable data protection and privacy legislation in force from time to time including (where and to the extent applicable) the EU GDPR, the UK GDPR, the Data Protection Act 2018 and the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2003/2426) (as amended) and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of Personal Data (including, without limitation, the privacy of electronic communications) as amended together with guidance and codes of practice issued by the Information Commissioner’s Office or any other relevant supervisory authority.
“Stadium” means the football stadium at St James’ Park, Barrack Road, Newcastle upon Tyne, NE1 4ST and surrounding premises owned by the Club.
“Tour” means a guided tour of the Stadium.
Any references to “you” are to the individual who has booked a Tour, or to the individual attending the Tour (as applicable in each case).
1. General
1.1 Please read these Conditions carefully before you submit the Booking to us. These Conditions shall apply to and be incorporated into the Contract and prevail over any other terms and conditions and any additional information received by you in respect of the Tour.
1.2 Any individual purchasing a ticket for a third party shall be deemed to be acting with the consent of each third party for whom they are making the purchase, including acting with the authority of each third party to agree to these Conditions on their behalf.
2. Booking Conditions
2.1 Each Booking shall remain provisional until the Club issues a Booking Confirmation and until the required payment is received from you. Upon issuance of the Booking Confirmation, a Contract will come into existence between you (whether you booked the Tour or attend a Tour) and the Club.
2.2 The Club will assign an order number to the Booking and state this on the Booking Confirmation. Please provide the order number whenever you contact the Club about the Booking.
2.3 The Club shall not accept responsibility for any consequences, errors or delay that may be caused by any Booking which is completed incorrectly by you.
2.4 The Club reserves the right to terminate any Booking if you (or any of your guests) commit a breach or failure to observe or perform any of these Conditions.
2.5 Except where the Club has provided a Booking Confirmation, the Club reserves the right at its sole discretion to reject any Booking.
2.6 The Contract shall only entitle you to make use of the Tour referred to in the Booking Confirmation.
3. Tour Arrangements
3.1 Each Tour has a maximum capacity with respect to the number of people per Tour. If you attend the Tour with more parties than on your Booking, depending on the number of additional participants, this will result in one or a combination of:
3.1.1. the Tour not going ahead;
3.1.2. the additional participants being excluded from taking part in the Tour;
3.1.3. agreement between the parties that the Tour experience will be compromised in terms of the enjoyment/learning outcomes that will be derived by the participants; and/or
3.1.4. an additional charge will be levied for each additional participant.
3.2 Within each Booking, the Club requires the following minimum ratio of adults to children:
3.2.1 Children aged 0-4 (zero to four), 1 (one) adult: 2 (two) children;
3.2.2 Children aged 5 (five) and over, 1 (one) adult: 8 (eight) children;
3.3 Group bookings require a minimum of 18 (eighteen) people on the Tour.
3.4 If any participant is aged 14 (fourteen) or under, they must be accompanied by a paying parent or guardian or other adult over the age of 18 (eighteen) years old. The accompanying person shall accept full responsibility for the children/young people they accompany and shall always provide adequate supervision. Any accompanying adults should not have additional babies/toddlers/buggies with them.
3.5 The Club reserves the right to require confirmation of age as it considers necessary.
3.6 Please refer to your Booking Confirmation for details regarding your arrival to the Stadium. Please note there may be security checks before you are admitted to the Stadium which may delay your entry.
3.7 If you fail to arrive at the Tour by the allocated start time, then you may not be permitted to join your allocated Tour. It may be possible for you to be allocated to an alternative Tour, but this cannot be guaranteed. Tours are often fully booked and there may be a long delay until the next Tour with availability. The Club shall not be liable to you for a refund or for any other compensation if you fail to arrive in time to join the allocated Tour.
3.8 If you or any of your guests have a specific health requirement (including, for example, but not limited to epilepsy, diabetes, allergies, heart or lung conditions, etc.), you must make this known to the Club and have in your party an adult who has knowledge, experience and/or ability to assist these guests in the event of an incident.
3.9 Please wear appropriate clothing and footwear and only move as directed by Club staff and always in an orderly manner in the Stadium for health and safety purposes.
3.10 No eating or drinking is allowed during the Tour (other than water). You are welcome to take a break in the Stadium level two reception area.
3.11 You will be held responsible and accept full responsibility for any damage to the Stadium or any part thereof, furniture, utensils or other property of the Club during your visit.
3.12 Any liability or expenditure incurred by the Club on behalf of or at your request shall be settled by you and the Club will not accept any responsibility. The Club may issue an additional invoice after the Tour for any further charges due which were not included in the original Booking Confirmation or request payment from you on the day. Such charges may include those payable for any final alterations to the Tour, or for guests attending the Tour in excess of the number specified by you in the Booking. The Club reserves the right to refuse additional requests that result in a significant change to the delivery and content of the Tour.
3.13 You must confirm any changes to the final guest numbers as set out in the Booking Confirmation at least 3 (three) business days before the Tour. Charges for the Tour will be calculated (or recalculated, as the case may be) on the final number provided or the number actually attending, whichever is the greater. Where the final numbers of attendees are less than the number of guests specified in the Booking Confirmation, you shall pay the charges based on the number of guests specified in the Booking Confirmation.
4. Your Right to Make Changes
4.1 If you need to make a change to the Booking, you must contact the Club. The Club will let you know if the change is possible. If the change is possible, the Club shall inform you of any changes to the price of the Tour, or anything else which will be necessary because of the requested change. The Club will ask you if you still wish to go ahead with the change in such circumstances.
4.2 The Club can accept no changes to a Booking Confirmation requested 3 (three) business days or less from the day of the Tour.
5. Club’s right to make changes
5.1 The Club may change the Tour:
5.1.1 to adapt to any regulations, guidance (whether local or statutory or from football authorities), restrictions or otherwise (regardless of whether such arise at the local government or national government level, or from football authorities);
5.1.2 to reflect changes in relevant laws and regulatory requirements;
5.1.3 as a result of a match/event, or changes to a match/event; and/or
5.1.4 to implement operational or technical adjustments and improvements.
6. Payment
6.1 You shall pay the price notified you to on the Club’s website when you purchase the tickets, or any subsequent changes notified to you by the Club (for example, where you have made a change to the Booking Confirmation and the Club accepts this change).
6.2 If you do not make the payment as outlined to you, the Club may cancel the Booking Confirmation and you (and your guests) may not attend the Tour.
6.3 All prices for Tours quoted by the Club (whether orally, in writing, or upon the Club’s websites) are inclusive of VAT and any other sales tax or similar imposition, which is added to your purchase at the then prevailing rate.
6.4 You will be required to pay the price of the tickets according to the details shown in the Booking Confirmation, whether or not the numbers of persons attending the Tour are lower than those detailed on the Booking. The Booking Confirmation is determinative of the due date for payments under any payment terms, and in any discrepancy between the Booking Confirmation and an issued invoice, the Booking Confirmation shall take precedence.
7. Cancellation
7.1 If you wish to cancel your purchase of tickets to the Tour, you must inform the Club no later than 14 (fourteen) days after:
7.1.1 the day you collect and pay for your tickets (if you book in person); or
7.1.2 the day you receive confirmation of your order (if you book online).
8. Your Rights and Obligations
8.1 You shall only be permitted to access areas of the Stadium that form part of the Tour (as directed by Club staff) and you agree not to access any other area of the Stadium. 8.2 You agree:
8.2.1 to be appropriately dressed to participate in the Tour;
8.2.2 to refrain from damaging, altering or removing any of the fittings, furnishings or equipment at the Stadium and/or Club’s premises, and in the event of any such damage, alteration or removal you will pay to the Club (on demand) the cost of reinstating, repairing or replacing any such damage, alteration or removal;
8.2.3 to comply with:
8.2.3.1. such statutes and regulations governing the use of the Stadium, whether made by local government, football authorities, national government or a licensing authority or otherwise including but not limited to the Football Spectators Act 1989, the Sporting Events (Control of Alcohol) Act 1985 and the Football Offences Act 1991 (all as may be amended from time to time);
8.2.3.2. such reasonable regulations as the Club may from time to time make governing the use of the Club’s premises provided that such regulations are available for inspection by the Client;
8.2.3.3. any and all instructions of any steward or Club officer or employee and/or any police officer; and
8.2.3.4. the rules, regulations and bye-laws of FIFA, UEFA, The Football Association, The Premier League, The Football League and the Club in respect of any ground or premises regulations.
8.2.4 not bring onto the Club’s premises or use within the Club’s premises any equipment, which is capable of recording or transmitting (by digital or other means) any audio, visual or audio-visual material or any information or data in relation to the Stadium; except that mobile phones shall be permitted within the Club’s premises provided that they are used for personal and private use only;
8.2.5 refrain from swearing, spitting, adopting unruly, inappropriate, offensive or illegal behaviour, committing acts of harassment, or acts of racial abuse or other discriminatory behaviour as to race, ethnicity, sex, sexual orientation, age religion or disability, or committing any offence under the Acts set out in 8.2.3 above;
8.2.6 not to smoke or vape anywhere in the Stadium;
8.2.7 not to bring any of the following in the Stadium (or use within the Stadium): illegal drugs; alcohol; other illegal substances; fireworks; firecrackers; smoke canisters; air horns; flares; laser devices; bottles; glass vessels or any item that might be used as a weapon or compromise public safety;
8.2.8 use the Club’s premises, and any other premises at which the services subject of this Contract are provided, at all times in a proper and lawful manner and not cause nuisance, annoyance or inconvenience to any person;
8.2.9 not use offer a Tour or any Booking, or spaces on a Tour as a prize or similar or for any public promotional purposes or otherwise re-sell use of the same; and/or
8.2.10 not do anything which is derogatory to and/or brings the Club into disrepute.
9. The Club’s Rights and Obligations
9.1 The Club shall have the right to prevent access to the Stadium, or remove from the Tour or Stadium and/or refuse admission subsequently to any part of the premises:
9.1.1 any person acting in a way which the Club considers (acting reasonably) is unacceptable or reasonably likely to cause damage or injury to anyone (including drunken, harmful, offensive, threatening, harassing, disrespectful or violent behaviour);
9.1.2 any person acting in a way which the Club considers (acting reasonably) is likely to bring the Club’s good name into disrepute or is otherwise for any reason barred or banned from entering the Club’s premises; and/or
9.1.3 any person who is in breach of any of the Conditions.
9.2 Due to the operational needs of the Club in the undertaking of its business as a football club, the Club may be required to act on short notice and shall be entitled to:
9.2.1 repair, replace and modernise any part of parts of the Tour and from time to time and take such other steps in relation to the Tour as the Club in its sole discretion considers to be necessary;
9.2.2 change the contents of the Tour without notice to you where such change is required for operational purposes; and/or
9.2.3 close parts of the Tour without notice to you for the purposes of performing 9.2.1 and 9.2.2; without liability to you by way of compensation, refund, re-admission or otherwise. As such the Club cannot guarantee that all advertised elements to the Tour will be available.
10. Force Majeure
10.1 In the event of the Club being prevented or delayed at any time from performing any of its obligations under this Contract by reason of any act, event, accident or other happening beyond the control of the Club or which cannot be overcome by means normally employed in performance and at comparable expense, including, without prejudice to the generality of the foregoing, strikes, lockouts, epidemic, pandemic, industrial disputes, riots, wars, civil disturbance, fire, explosions, storms, power failure, governmental or local authority or football authority regulations and requirements, loss of liquor licence and difficulties relating to venues other than the Club’s own property ("Force Majeure Event"), any such failure or delay in performance shall not be deemed to constitute a breach of the obligations of the Club but performance of such obligations shall be suspended during the continued existence a Force Majeure Event and all rights of the Club at the time for performance shall be extended for a period equal to the aggregate of:
10.1.1. the period or periods of continued existence of the Force Majeure Event; and
10.1.2. such further period (if any) as the Club in its sole discretion reasonably considers is required, due to repairs, maintenance, rebuilding, delays in transportation, shortage of manpower or materials or other cause directly occasioned by, or attributable to the Force Majeure Event.
10.2 In the event that a Force Majeure Event prevents the Club permanently from performing its obligations under this Contract, the Club shall be entitled to terminate this Contract by notice in writing to you without prejudice to the rights and obligations of the parties accruing up to and including the date of termination.
11. Liability
11.1 Nothing in this clause 11 shall operate to exclude or limit the liability of either party for:
11.1.1 death or personal injury resulting from its negligence;
11.1.2 for fraud or fraudulent misrepresentation; or
11.1.3 for any other matter which cannot be excluded or limited by law.
11.2 Where you enter into the Contract as a business, the Club will not under any circumstances whatsoever be liable for any indirect or consequential loss, or loss of profit, whether direct or indirect, suffered by you.
11.3 Where you are a consumer, the Club will not be liable for any losses which you suffer as a result of the Club’s breach of this Contract except for losses which are reasonably foreseeable at the time the Contract is entered into, or the Club's negligence.
11.4 The Club will take reasonable precautions for the security of the area where the Tour is provided but the Club will not be liable for the loss of or damage to the property of you and/or your guests, whether from or in or at and/or near the Stadium or the Club’s premises.
12. Data Protection
12.1 You acknowledge that the Club will hold and process data relating to you, which may include your personal data, for administrative, security and legal purposes. The personal data that you provide to the Club shall be processed, stored, and transferred in accordance with the terms of the Club's then current privacy policy (which is on our website).
12.2 The Club will keep the information you provide secure and will process and use it in accordance with applicable Data Protection Legislation for the performance of the Club’s obligations under the Contract to administer any services provided to you.
12.3 Subject to receiving your consent prior to, or during, a Tour, the Club may take photographic images and/or video recordings (and/or still taken from video recordings) for promotional or marketing purposes by the Club.
12.4 All persons who attend the Tour acknowledge (and will be informed prior to a Tour) if photographic images and/or video recordings (and/or still taken from video recordings) will be taken of them and may be used for promotional or marketing purposes by the Club.
13. General
13.1 The Tour tickets are made available to you and any guests on a non-transferable basis and shall not be transferred or re-sold under any circumstances (except as expressly provided elsewhere in the Contract).
13.2 The Club reserves the right to change these Terms and Conditions from time to time and shall notify you of such changes via the Club’s website or any appropriate means of communication.
13.3 You shall not assign this Contract or its rights and/or obligations under it or grant any rights whatsoever by way of sub-contract, licence, or otherwise to any other person in respect of the Tour.
13.4 The Club may assign and/or sub-contract any of its rights and/or obligations under this Contract with you.
13.5 No variation of the Contract or the Conditions shall be valid unless it is in writing and signed by or on behalf of both you and the Club.
13.6 Any person who is not a party to this Contract shall not be entitled to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
14. Governing Law and Jurisdiction
14.1 This Contract is governed by English law and any dispute or claim arising out of or in connection with them can be brought in the courts of England. If you live in Wales, Scotland or Northern Ireland, you are entitled to bring a claim in the courts of the country you live in.