Definitions

In these Conditions of Issue the following words and phrases shall have the following meanings: -

“Club” means Middlesbrough Football & Athletic Company (1986) Limited.

“Conditions of Issue” means these terms and conditions governing the issue and use of an Away Match Ticket.

“Football Authority” means each of the Premier League, The English Football League (“EFL”), The Football Association, The Football Association of Wales, FIFA, UEFA and other relevant governing body of association football.

“Ground” means the Riverside Stadium and all other locations owned, occupied or utilised by the Club.

“Ground Regulations” means those ground regulations issued by the Club from time to time that set out the terms and conditions upon which spectators are granted entry to the Ground (copies of which are available on the Club’s website, www.mfc.co.uk or upon request from Supporter Services).

“Guest” means a relative, friend or colleague who is not excluded from the Ground due to breach of the Conditions set out in Section 7 or otherwise and would be entitled to purchase an Away Match Ticket in their own right under the Terms & Conditions of Entry.

“Match(es)” means any English Football League football match in which the Club participates and that takes place at the Ground during Season 2018-19 as designated upon the ticket to which these Conditions of Issue apply.

“Material” means any audio, and/or visual and/or audio-visual material and/or any information or data.

“Terms & Conditions of Entry” means each of the rules and regulations of any Football Authority; the Ground Regulations; and the Conditions of Issue (all of which are available from the Club on request from Supporter Services the Ground Regulations and Conditions of Issue are also available via the Club website at www.mfc.co.uk).

“Visiting Club” means the football club playing against the Club.

1. Issue of Away Match Ticket

1.1. The issue of an Away Match Ticket and subsequent access to the Ground is subject to the Terms & Conditions of Entry (which can be found on, or accessed via, the Club’s website www.mfc.co.uk or can be provided upon written request to the Club).

1.2. Away Match Tickets are for the use of supporters of the Visiting Club and neutral supporters only. By applying for an Away Match Ticket and/or using the same you hereby warrant and represent that you are a supporter of the Visiting Club and/or that you are not a supporter of the Club.

1.3. Supporters aged Under 14 must be accompanied by an adult at every Match in accordance with Section 2.11 of this document.

2. Admission to the Ground

2.1. By purchasing and/or accepting and/or holding an Away Match Ticket and/or using an Away Match Ticket to gain access to the Ground, you: (a) certify that you have read, understood and accepted; (b) agree to be bound by and to comply with; and (c) agree to bring to the attention of others, as required below, the Terms & Conditions of Entry.

2.2. An Away Match Ticket permits you to occupy at the Match the seat indicated on the Away Match Ticket (subject to clauses 2.3 and 2.4) which shall be allocated at the Club’s sole discretion. All access to the Ground pursuant to an Away Match Ticket shall be for the purposes of private enjoyment of the Match only, not for commercial purpose (and no authorisation is given or implied in respect of the carrying out of any commercial activities).

2.3. The Club reserves the right to allocate to you, such other alternative seat of equal or greater price as the Club may decide using its reasonable discretion.

2.4. Nothing in these Conditions of Issue shall constitute or imply any entitlement to occupy the seat indicated on the Away Match Ticket in any subsequent Match or season.

2.5 An Away Match Ticket permits you to access and egress the stand and utilise the communal bar and toilet facilities in the concourse area allocated to the seat indicated on the Away Match Ticket (or such other seat as decided by the Club). Movement to another stand or concourse area is not permitted except in an emergency and when directed by a steward or police officer.

2.6 Save as set out in clause 2.7 below, you shall not capture, log, record, transmit, play, issue, show or otherwise communicate (by digital or other means) any Material in relation to the Match, any players or other persons present in the Ground and/or the Ground, nor may you bring into the Ground or use within the Ground (or provide to, facilitate or otherwise assist another person to use within the Ground) any equipment or technology which is capable of capturing, logging, recording, transmitting, playing, issuing, showing or otherwise communicating (by digital or other means) any such Material. Any person acting in breach of this provision may have such equipment or technology confiscated and/or will be required to deliver up any tapes, films, disks, memory cards, memory sticks or other recordings of the Material (and all copies thereof) in whatever form, to the relevant Football Authority and/or the Club and the copyright, database right and all other rights, title and interest in and to all Material is hereby assigned to the relevant Football Authority, including by way of present assignment of future copyright pursuant to section 91 of the Copyright, Designs and Patents Act 1988. You further agree (if and whenever required to do so by the relevant Football Authority to promptly execute all instruments and do all things necessary to vest the right, title and interest in such rights to the relevant Football Authority absolutely and with full title guarantee.

2.7 Mobile telephones and other mobile devices are permitted within the Ground, PROVIDED THAT (a) they are used for personal and private use only (which, for the avoidance of doubt and by way of example only, shall not include the capturing, logging, recording, transmitting, playing, issuing, showing, or any other communication of any Material for any commercial purposes); and (b) no Material that is captured, logged, recorded, transmitted, played, issue, shown or otherwise communicated by a mobile telephone or other mobile device may be published or otherwise made available to any third parties including, without limitation, via social networking sites.

2.8 Save for official Club merchandise and/or other football related clothing worn in good faith, you shall not bring into, use or display within the Ground any sponsorship, promotional, marketing, defamatory or offensive materials.

2.9. You shall not offer or distribute (either free or for sale by any person) within the Ground any consumer article or commercial product of any nature. For the avoidance of doubt this clause shall not prevent the lawful distribution of text publications in any format which do not infringe clause 2.8 where both the content and the publication are lawful in all respects and do not in the Club’s reasonable opinion constitute a threat to public order, subject to the prior written consent of the Club being obtained.

2.10 The Club reserves the right to refuse admission to, or eject from, the Ground any person who fails to comply with the Terms & Conditions of Entry.

2.11 Without prejudice to the representation at clause 1.2 above, and in light of the Away Match Ticket holders being grouped together in designated areas, any attempt to gain access to the Ground wearing or carrying apparel (including, without limitation, hats and/or scarves) that demonstrate support for the Club, may result in admission being refused or you being ejected from the Ground and in such circumstances no refund or alternative seat will be offered.

2.12 The Club takes its responsibility for the safeguarding of children seriously, as a result we have raised the age of children attending matches unattended at the Ground to 14 years old, therefore any supporter under 14 years old must be accompanied by, and seated with, a qualifying adult, parent or guardian, (age 18 years and over). Where seats directly together are not available, the Club will make a decision based on the proximity of the nearest seat, and the decision is not negotiable.

2.13 You attend Matches at the Ground at your own risk and will not hold or seek to hold the Club, its officers, employees, contractors and/or agents responsible for any injury, damage, loss, cost or expense whatsoever suffered as a result of your attendance at any Match (for example as a result of being inadvertently hit by a ball). This does not affect your statutory rights in the even that such injury, damage, loss, cost or expense is proven to be a direct result of negligence of the Club. The Club may from time to time advise of further risks of which they are aware.

3. Use of Away Match Ticket

3.1. Subject to clause 3.3, Away Match Tickets are issued for your personal use and you shall not resell, dispose of, assign, (save as set out in clause 3.2 below) transfer or lend or otherwise deal with the Away Match Ticket or the benefit of it to any other person without the prior written consent of the Club. Further you shall not use the Away Match Ticket for any commercial purpose. The reference to reselling the Away Match Ticket includes reference to offering to sell an Away Match Ticket (including, without limitation, via any website or online auction site), exposing an Away Match Ticket for sale, making an Away Match Ticket available for sale by another person and advertising that an Away Match Ticket is available for purchase. For the avoidance of doubt (and by way of example only) the Away Match Ticket may not be offered as a prize in any promotion or competition nor transferred, lent or sold to any third party as part of a hospitality or travel package, given to a third party who agrees to buy another good or service, or used for any other commercial purpose or disposed of in any other way, save as expressly authorised by The English Football League or the Club.

3.2 All concessionary Away Match Tickets must be used by a person of the age/concession category to which the Away Match Ticket is assigned in accordance with the concessionary pricing. In the event of a person entering the Ground, or attempting to enter the Ground, with a concessionary Away Match Ticket for which he/she does not qualify the Away Match Ticket will be nullified and no refund will be given.

3.3 If more than one Away Match Ticket is issued to you, one Away Match Ticket must be retained by you for personal use (subject to the provisions below) and the remainder may be transferred to your Guest(s) for his/her/their personal use only PROVIDED THAT such transfer takes place in consideration of no payment or benefit in excess of the face value of the Away Match Ticket and such transfer does not take place in the course of any business or for the purpose of facilitating any third party’s business. Such transfer to any Guest will be subject to the Terms & Conditions of Entry which will apply to and bind each Guest as if he/she was the original purchaser of the Away Match Ticket (and you must inform the Guest(s) of this). You will provide the name and address of your Guest(s) when asked to do so by any official, steward or employee of the Club and/or any police officer. In the event that you and/or your Guest(s) are unable to use any Away Match Ticket then you may transfer that Away Match Ticket(s) to a natural person who is known to you personally and who would be entitled (under the Terms & Conditions of Entry and otherwise) to purchase such Away Match Ticket and attend such Match PROVIDED THAT such transfer takes place in consideration of no payment or benefit in excess of the face value of the Away Match Ticket, and such transfer does not take place in the course of any business or for the purpose of facilitating any third party’s business. Such transfer will be subject to the Terms & Conditions of Entry which will (save for any rights to transfer under this clause) apply to and bind the transferee as if he was the original purchaser of the Away Match Ticket (and you must inform the transferee of this). You will provide the name and address of the transferee when asked to do so by any official, steward or employee of the Club and/or any police officer.

3.4 The unauthorised sale or disposal of tickets (including Away Match Tickets) may amount to a criminal offence under section 166 of the Criminal Justice and Public Order Act 1994, as amended by the Violent Crime Reduction Act 2006. The Club will inform the police if it becomes aware that Away Match Tickets are being sold or disposed of illegally and will press charges against those breaking this law. If you are convicted of a ticket touting offence, or we reasonably suspect you have committed a ticketing offence, we will notify the relevant Football Authority who may in turn notify other Premier League/Football League Clubs and/or event holders and/or the relevant law enforcement authorities. The information that we share may include your personal data, event holder’s information about the offence and about ticket purchases (including payment details). We will use this to identify and prevent ticketing offences and disorder at matches.

3.5 The Away Match Ticket will remain the property of the Club at all times and must be produced together with evidence of your identity if required to do so by any official, steward or employee of the Club or any police officer. The Club reserves the right to require the immediate return of the Away Match Ticket at any time.

3.6 Any Away Match Ticket obtained or used in breach of the Terms & Conditions of Entry shall be automatically void and all rights conferred or evidenced by such Away Match Ticket shall be nullified. Any person seeking to use an Away Match Ticket in breach of the Terms and Conditions of Entry in order to gain entry to the Ground or remain at a Match will be considered to be a trespasser and will be refused entry to, or ejected from, the Ground in respect of a particular Match and/or may have his/her Away Match Ticket cancelled or withdrawn. In the event of any cancellation or withdrawal in accordance with this clause 3.6, no refund shall be payable. The Club further reserves its right to take any legal action against any person(s) as it sees fit in connection with such matters, including a claim for an account of profits made from an unauthorised use of the Away Match Ticket.

4. Changes to Dates, Refunds & Exchanges

4.1. The price of an Away Match Ticket, in whole or in part, is non-refundable. For the avoidance of doubt, all home and away match tickets are non-refundable.

4.2. No guarantees can be given by the Club that a Match will take place at a particular time or on a particular date. The Club reserves the right to reschedule any Match without notice and without any liability whatsoever. Your Away Match Ticket will enable you to attend the re-arranged Match.

4.3. The Club will have no further liability whatsoever, including (but not limited to) any indirect or consequential loss or damage, loss of enjoyment or travel/accommodation costs.

5. Concession Pricing

5.1. To qualify for an Under 18 concession Away Match Ticket, the applicant must be under the relevant age on August 1st of the season for which the Away Match Ticket applies. For the avoidance of doubt, anyone who has their 18th birthday on August 1st does not qualify for the concession.

5.2. To qualify for an Over 65 concession Away Match Ticket, the applicant must be 65 years of age or older on August 1st of the season for which the Away Match Ticket applies.

5.4 To qualify for a disabled supporters concessionary Away Match Ticket, the applicant must be able to demonstrate they qualify for the concession in accordance with the eligibility criteria set out at https://www.mfc.co.uk/supporter-services/supporter-information/disabled-supporters

5.5 Any concessionary Away Match Tickets will be sold subject to the specific terms set out for that category of card from time to time. The Club in their absolute discretion will have the right to refuse any application to purchase which does not in their opinion comply with any such conditions.

6. Lost or Stolen Away Match Tickets

6.1. In order to gain admission to the Ground the Away Match Ticket must be presented in its entirety at the Match.

6.2 The Club shall not be obliged to issue any replacement for a lost, stolen or destroyed Away Match Ticket.

7. Cancellation, Withdrawal & Suspension of Away Match Ticket

7.1. Without prejudice to any other remedies it may have, the Club shall have the right in the case of any serious or persistent breach of the Terms & Conditions of Entry to cancel or withdraw your Away Match Ticket. In the event of such cancellation no refund will be paid. Without prejudice to the general nature of the above the following actions shall constitute serious breach of the Terms & Conditions of Entry:

7.1.1. smoking in the Ground;

7.1.2. being (or appearing to be) intoxicated;

7.1.3. persistent standing in seated areas whilst the Match is in progress;

7.1.4. sale or transfer (save as permitted) of this Away Match Ticket to any person;

7.1.5. the possession of a banner or flag that bears material or slogans that are offensive, obscene, abusive or racist;

7.1.6. deliberate misuse of the Away Match Ticket;

7.1.7. the supply of any misleading or incorrect information in any application;

7.1.8. persistent swearing or offensive behaviour during the Match;

7.1.9. the throwing of any object within the Ground that may cause injury, damage, distress or annoyance to people or property without lawful authority or excuse;

7.1.10. bringing into the Ground (or using within the Ground): illegal drugs, 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;

7.1.11. whether at the Ground, or, travelling to or from a Match:

7.1.11.1 the use of foul, obscene, abusive and/or racist language and/or gestures;

7.1.11.2 the chanting of anything of an indecent, offensive or racist nature;

7.1.11.3 fighting or engaging in and/or inciting violence;

7.1.12. entering the playing area or any adjacent area to which spectators are not generally admitted without lawful authority or excuse;

7.1.13. any misrepresentation in relation to clause 1.2;

7.1.14. any failure to pay or default of payment in respect of any sums owing to the Club (or any third party) in respect of an Away Match Ticket;

7.1.15. damage to property;

7.1.16. threats to or assaults on Club personnel;

7.1.17. use of an Away Match Ticket by a person to whom the ticket has not been issued unless covered by the provisions outlined in 3.1 and 3.2.9.2 The Club may conduct security searches where it has reason to believe that any of the breaches set down in 6.1 has either occurred or may occur.

7.2 If an Away Match Ticket holder is not 16 years old or over, his/her parent(s) and/or guardian(s) are responsible for his/her actions, conduct and compliance with the Terms and Conditions of Entry.

7.3. In the event that your Away Match Ticket is withdrawn or cancelled the Club reserves the right to disqualify you from applying for any Match ticket at its discretion and to notify any Football Authority and/or other football clubs of such exclusion and/or disqualification (and the reason(s) for such exclusion and/or disqualification).

7.4. At its absolute discretion, the Club may withdraw an Away Match Ticket if the holder is arrested at (including outside and travelling to/from the venue) or ejected from any other football match.

8. Filming, photography and taping

8.1. All Away Match Ticket holders who enter the Ground acknowledge that photographic images and/or audio, visual and/or audio-visual recordings and/or feeds (and/or stills taken therefrom) may be taken of them and may also be used, by way of example and without limitation, in televised coverage of the game and/or for promotional, training, editorial or marketing purposes by the Club, any Football Authority, or others (including commercial partners and accredited media organisations).

8.2. All Away Match Ticket holders acknowledge that the Matches for which Away Match Tickets have been purchased are public, and that their appearance and actions inside and in the perimeter of the Ground where a Match occurs are public in nature, and that they shall have no expectation of privacy with regard to their actions or conduct at Matches.

9. Exclusion of Liability

9.1 The Club hereby excludes any liability for loss, injury or damage to persons/property in or around the Ground except in respect of death or personal injury resulting from any negligence of the Club or any other liability of the Club which cannot be excluded under applicable law.

9.2 Neither the The English Football League or the Club shall be responsible for any interruptions and/or restrictions to the view of the Match caused by virtue of (a) the position of the seat and/or (b) the actions of other spectators.

10. General

10.1 The Club reserves the right to change these Conditions of Issue from time to time and shall notify you via the Club website or social media platforms of such changes if they materially affect your rights as a consumer.

10.2 The invalidity or partial invalidity of any provision of these Conditions of Issue shall not prejudice or affect the reminder of these Conditions of Issue, which shall continue in full force and effect. If any invalid, unforeseeable or illegal provision of these Conditions of Issue would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

10.3 The Club’s failure to exercise, or delay in exercising, any right, power or remedy provided in these Conditions of Issue or by law shall not constitute a waiver of that right, power or remedy.

10.4 The Terms and Conditions of Entry constitute the entire agreement between the Club and the Away Match Ticket holder and neither the Club nor the Away Match Ticket holder 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 the Terms and Conditions of Entry which are not set out herein.

10.5. These Conditions of Issue shall be governed by and construed in accordance with the laws of England. The parties hereby submit to the exclusive jurisdiction of the Courts of England (including in relation to any non-contractual disputes or claims).

11. Equality

11.1 The Club is committed to achieving equality throughout all aspects of the Club and will not tolerate any discriminatory behaviour in any format (physical, verbal or other). The Club is committed to eradicating all inequalities based on the following characteristics protected by the Equality Act 2010: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion and belief, sex or sexual orientation.

12. Privacy Notice

12.1 As a Club, we take data protection and privacy seriously. All personal data processed by the Club is done so in accordance with the General Data Protection Regulation and our Privacy Notice, a copy of which is also available on request from Supporter Services.