1. Issue of Season Ticket/Membership (Seasonal Membership)
1.1 The issue of a Season Ticket/Membership and subsequent access to the Ground is subject to the Terms & Conditions of Entry (being each of the rules and regulations of FIFA, UEFA, The Football Association, The Premier League ("PL"), and The Football League (“EFL”); the Ground Regulations; and the Conditions of Issue which can be provided upon written request to the Club).
1.2 Season Ticket/Memberships/Memberships for disabled supporters and supporters who qualify for concession prices are also subject to certain additional terms relating to, amongst other things, eligibility criteria.
1.3 Season Ticket/Memberships are for the use of supporters of the Club only. By applying for a Season Ticket/Membership and/or using the same you hereby warrant and represent that you are a supporter of the Club.
2 Admission to the Ground
2.1 By purchasing and/or accepting and/or holding a Season Ticket/Membership and/or using a Season Ticket/Membership 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 A Season Ticket/Membership permits you to occupy at the Match the seat indicated on the Season Ticket/Membership or such other alternative seat as the Club may from time to time allocate to you in its reasonable discretion (including but without limiting the circumstances in which that discretion may be exercised when a stand or area of the Ground is closed for repairs, maintenance or re-construction). All access to the Ground pursuant to a Season Ticket/Membership shall be for the purposes of private enjoyment of the Match only, not for any commercial purpose (and no authorisation is given or implied in respect of the carrying out of any commercial activities).
2.3 Nothing in these Conditions of Issue shall constitute or imply any entitlement to occupy the seat indicated on the Season Ticket/Membership or attend any Match in any subsequent season.
2.4 Save as set out in clause 2.5 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 in the Ground, nor may you bring into (or use within) the Ground (or provide to, facilitate or otherwise assist another person to use within the Ground) any equipment or technology that is capable of capturing, logging, recording, transmitting, playing, issuing, showing or otherwise communicating (by digital or other means) any 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 PL and/or the Club and the copyright, database right and all other rights, title and interest in and to all Material is hereby assigned (by way of present assignment of future copyright pursuant to section 91 of the Copyright, Designs and Patents Act 1988) to the PL.
2.5 Mobile telephones are permitted within the Ground, provided that 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, sharing or any other communication of any Material for any commercial purpose)
2.5.1 Also, no Material that is captured, logged, recorded, transmitted, played, issued, 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.
2.6 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 or marketing materials.
2.7 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 2.6 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.
2.8 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.
2.9 Without prejudice to the representation at clause 1.2, above, and in light of the Season Ticket/Membership 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 Away 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.
3. Use of Season Ticket/Membership
3.1 Subject to clause 3.2, below, Season Ticket/Memberships are issued for your sole use and you shall not sell, dispose of, assign, transfer, lend or otherwise deal with the Season Ticket/Membership or the benefit of it to any other person without the prior written consent of the Club. Further you shall not use the Season Ticket/Membership for any commercial purpose. The reference to selling the Season Ticket/Membership includes: (a) offering to sell a Season Ticket/Membership (including, without limitation, via an online auction website); (b) exposing a Season Ticket/Membership for sale; (c) making a Season Ticket/Membership available for sale by another person; and(d) advertising that a Season Ticket/Membership is available for purchase. For the avoidance of doubt (and by way of example only) this Season Ticket/Membership may not be offered as a prize in any promotion or competition; 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 some other goods or services; or used for any other commercial purpose, (all save as expressly authorised by the Club).
3.2 You may only sell or transfer the Season Ticket/Membership to a Guest with the express written consent of the Club given at the Club's absolute discretion. No such sale or transfer will be permitted except where the same takes place in respect of an individual Match and in consideration of no payment or benefit in excess of the face value of a ticket to that Match and such transfer does not take place during the course of any business or for the purpose of facilitating any third party's business. Such resale or transfer to any Guest is hereby provided to be subject to the Terms and Conditions of Entry which will (save for any rights to transfer under this clause) apply to and bind that Guest as if he/she was the original purchaser of the Season Ticket/Membership (and you must inform the Guest of this).
3.3 The unauthorised sale or disposal of a Season Ticket/Membership 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 when it becomes aware that a Season Ticket/Membership has been sold or disposed of illegally and may press for charges to be brought against those breaking this law. If you are convicted of a ticket touting offence, or we reasonably suspect you have committed such an offence, we will notify the Premier League who may in turn notify other football clubs and/or the UK Football Policing Unit and/or other law enforcement agencies. The information that we share may include your personal data, information about the offence and about ticket purchases (including payment details). We will use this to identify and prevent ticket touting offences and disorder at matches.
3.4 The Season Ticket/Membership 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 Season Ticket/Membership at any time.
3.5 Any Season Ticket/Membership obtained or used in breach of the Terms & Conditions of Entry shall be automatically void and all rights conferred or evidenced by such Season Ticket/Membership shall be nullified. Any person seeking to use a Season Ticket/Membership in breach of the Terms and Conditions of Entry in order to gain entry to the Ground or remain at a Match may be considered to be a trespasser and may be refused entry to, or ejected from, the Ground in respect of a particular Match and/or may have his/her Season Ticket/Membership cancelled or withdrawn. In the event of any cancellation and withdrawal in accordance with these conditions no refund shall be payable to the holder in respect of any unexpired portion of the Season Ticket/Membership. The Club further reserves its right to take any legal or disciplinary action against any person(s) as it sees fit in connection with such matters, including a claim for an account of any profits made from an unauthorised use of the Season Ticket/Membership.
3.6 Adult and junior combined Season Ticket/Memberships are issued on the strict condition that adults cannot use the junior's ticket. The Club reserves the right to carry out frequent spot checks to enforce this rule.
3.7 If you leave the Ground at any time on the day of a Match, you will not be entitled to re-enter the Ground except where the Club expressly approves (in its sole discretion) such re-entry.
4. Changes to Dates, Refunds & Exchanges
4.1 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 Season Ticket/Membership will enable you to attend the re-arranged Match.
4.2 Save for as provided elsewhere in these Terms, in respect of any alteration of the time or date of any Match, including but not limited to any postponement or abandonment, the Club will have no further liability whatsoever for any any direct, indirect or consequential loss or damage, including but not limited to loss of enjoyment or travel costs.
4.3 In the event that a Match(es), covered by your Season Ticket/Membership, takes place and, as a result of circumstances outside of the Club’s reasonable control, supporters are not permitted to enter the Ground and attend such Match(es), then the Club will inform you of the remedies available to you.
4.4 Notwithstanding the remedies available to you by law the Club will seek to provide you with one or more of the following:
4.4.1 Free access to an online broadcast of the Match(es) as authorised by the Club (subject always to approval by the relevant football governing bodies and rights holders); or
4.4.2. In the event that:
i) a free online broadcast of the Match(es) as authorised by the Club (and subject to approval by the relevant football governing bodies and rights holders) is not available; or
ii) the value of that broadcast in less than the value of the pro-rata value of the affected Match(es); or
ii) if, after your reasonable efforts, you are unable to access the free online broadcast of the Match(es) as authorised by the Club (and subject to approval by the relevant football governing bodies and rights holders)
the Club will provide you with credit, in the pro-rata value of the affected Match(es), to be used against the purchase price of your 2021/22 Season Ticket/Membership; or
4.4.3 In the appropriate circumstances (including: i) as determined in the reasonable discretion of the Club; or ii) as required by applicable law or requested by you), the Club will provide you with a refund on a pro rata basis (calculated as the total price of the Season Ticket/Membership divided by the total number of Matches, covered by that Season Ticket/Membership).
4.5 In the event that a Match, covered by your Season Ticket/Membership, is cancelled and not subsequently rescheduled, you will be entitled to a pro rata refund (calculated as the total price of the Season Ticket/Membership divided by the total number of Matches, covered by that Season Ticket/Membership).4.6 The Season Ticket/Membership purchased from Barnsley FC is for the stated seat. You will not be entitled to cancel your Season Ticket/Membership and receive a refund, except where expressly set out in the Terms & Conditions of Entry or as required by the appropriate law.
5. Lost or Stolen Season Ticket/Memberships
5.1 In order to gain admission to the Ground the Season Ticket/Membership must be presented in its entirety at every Match.
5.2 In the event that you forget your Season Ticket/Membership in respect of any individual Match, the Club shall not be obliged to admit you or issue any other form of ticket for that Match. If a match-day duplicate ticket is issued (at the Club’s sole discretion), the Club may require a non-refundable administration charge.
A maximum of three match day duplicate tickets may be issued (at the Club’s sole discretion) over the season, after which, no further duplicates will be issued.
5.3 If, in the Club’s opinion, a Season Ticket/Membership is damaged, destroyed, lost or stolen, a duplicate Season Ticket/Membership shall be issued by the Club. There may be a non-refundable administration charge for this service. If your Season Ticket/Membership is stolen, you should report this to the police and the relevant crime number should be quoted in all correspondence with the Club. The Club may require you to attend the Ground or another location in person to collect the duplicate Season Ticket/Membership (or any match-day duplicate ticket) and provide the Club with satisfactory evidence of your identity.
5.4 Should any Season Ticket/Membership when applied for not arrive in the post after purchase, you will be required to sign a document confirming this and undertaking to immediately return the original Season Ticket/Membership to the Club should it come into your possession at any time. There will be no charge for the issue of a duplicate Season Ticket/Membership in this instance.
6. Change of Address
6.1 If you change your address during the season you must notify the Club as soon as reasonably practicable or visiting eticketing.co.uk/barnsleyfc/. Proof of address must be provided before an address can be changed.
7. Cancellation & Withdrawal of Season Ticket/Membership and Refusal of Entry
7.1 Without prejudice to clause 3.5 or 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 and withdraw your Season Ticket/Membership. In the event of such cancellation no refund will be paid in respect of any unexpired portion of the Season Ticket/Membership. 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 any part of 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 the sale or transfer (save as permitted in these conditions) of a Season Ticket/Membership 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 the deliberate misuse of a Season Ticket/Membership;
7.1.7 the supply of any misleading or incorrect information in any application;
7.1.8 the use or display or transmission of foul, obscene, abusive, racist and/or discriminatory language and/or gestures;
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 the chanting or displaying or transmitting of anything of an indecent, racist and/or discriminatory nature;
7.1.11 fighting or engaging in and/or inciting violence;
7.2.12 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;
7.1.13 entering the playing area or any adjacent area to which spectators are not generally admitted without lawful authority or excuse;
7.1.14 any misrepresentation in relation to clause 1.2, above;
7.1.15 breach of the terms of any Club membership (if so applicable);
7.1.16 any breach of clauses 2.4, 2.5 or 2.6, above;
7.1.17 any failure to pay or default of payment in respect of any sums owing to the Club (or any third party) in respect of any Season Ticket/Membership; and
7.1.18 without prejudice to any of the foregoing, any other breach of the Ground Regulations.
7.2 The Club may conduct security searches where it has reason to believe that any of the breaches set down in clause 7.2 has either occurred or may occur.
7.3 If a Season Ticket/Membership 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.
7.4 Following the Club’s safeguarding policy, children aged 12 years or under are not permitted to purchase a season ticket unless accompanied by his/her parent(s) and/or guardian(s). Children must be accompanied at all times by parent(s)/guardian(s) whilst in the Ground.
7.5 In the event that your Season Ticket/Membership is deactivated or cancelled the Club reserves the right to exclude you from any membership scheme maintained or organised by the Club and/or to disqualify you from applying for any Match ticket or Season Ticket/Membership at its discretion and to notify FIFA, UEFA, The Football Association, PL, The Football League and/or other football clubs of such exclusion and/or disqualification (and the reason(s) for such exclusion and/or disqualification).
7.6 You shall not be entitled to cancel your Season Ticket/Membership. If you are paying under the Direct Debit payment scheme and you miss payment of one or more instalments, the Club reserves the right to deactivate or cancel your Season Ticket/Membership in accordance with the terms and conditions of the Direct Debit Scheme.
8. Equality and Anti-Discrimination
8.1 Barnsley Football Club is committed to equality and diversity and it is important that all of our fans share the Club's values.
8.2 We require all Season Ticket/Membership Holders to not from engage in any conduct which is racist, homophobic or abusive and to refrain from any other discriminatory behaviour, including but not limited to discriminatory behaviour in relation to the following characteristics:
a. age;
b. disability;
c. gender reassignment;
d. marriage and civil partnership;
e. pregnancy and maternity;
f. race;
g. religion or belief;
h. sex; and
i. sexual orientation.
8.3 Season Ticket/Membership Holders who engage in any of the behaviours set out at clause 8.2 may:
a. be subject to actions taken in accordance with Club policies on anti-discrimination as stated on the Club’s website;
b. be refused entry to or evicted from the Ground;
c. have their Season Ticket/Membership cancelled or withdrawn;
d. be suspended or banned from entering the Ground on future occasions; and/or
e. be subject to prosecution in accordance with law.
9. Filming, photography and taping
9.1 All Season Ticket/Membership holders who enter the Ground acknowledge that photographic images and/or audio, visual and/or audio-visual recordings may be taken of them and may also be used, in televised coverage of the game and/or for promotional, training, editorial or marketing purposes by the Club, the EFL or others (including commercial partners and accredited media organisations).
10. Exclusion of Liability
10.1 The Club 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.
10.2 Neither the EFL or the Club shall be responsible for any interruptions and/or restrictions to the view of the Match caused by virtue of either the actions of other spectators or position of the seat..
10.3 Nothing in these Terms is intended to affect your statutory rights. Advice about your statutory rights is available from their local Citizens’ Advice Bureau or Trading Standards office.
10.4 The Club only sells, and provides for use, the Season Ticket(s)/Membership for domestic and private use, and you agree not to use any Season Ticket(s)/Membership for any commercial or business purposes, and the Club has no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
10.5 Except as otherwise set out in these Terms, and to the fullest extent required by applicable law, the Club shall not have any liability in respect of any failure to carry out, or any delay in carrying out, any matter in respect of these Terms, including admitting you to the Ground for a Match or Match(es), caused by any circumstances outside the Club’s reasonable control.
11. General
11.1 The Club reserves the right to change these Conditions of Issue from time to time. The Club will inform you of such changes.
11.2 The invalidity or partial invalidity of any provision of these Conditions of Issue shall not prejudice or affect the remainder of these Conditions of Issue, which shall continue in full force and effect.
11.3 The Club's failure to exercise, or delay in exercising, any right, power or remedy provided by these Conditions of Issue or by law shall not constitute a waiver of that right, power or remedy.
11.3 The Terms and Conditions of Entry constitute the entire agreement between the Club and the Season Ticket/Membership holder and neither the Club nor the Season Ticket/Membership 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 is not set out therein.
11.4 Notwithstanding any other provision in these Conditions of Issue and with the exception of FIFA, UEFA, The FA, PL and the EFL, no other person other than you or the Club has any rights under the Contracts (Rights of Third Parties) Act 1999 to rely on or enforce any term of these Conditions of Issue. Nothing in these terms of conditions shall affect any right or remedy of a third party that exists or is available other than as a result of the aforementioned Act.
11.5 These Conditions of Issue shall be governed by and construed in accordance with the laws of England and Wales. The parties hereby submit to the exclusive jurisdiction of the Courts of England and Wales (including in relation to any non-contractual disputes or claims).
11.6 You consent to the Club holding and processing data relating to you for administrative and legal purposes. The personal data you provide shall be processed, stored and transferred in accordance with the terms of Club’ privacy policy.
12. Membership Benefits
12.1 Through the purchase of a Season Ticket/Membership, the user may be entitled to the following benefits:
12.1.1 Streaming of live games. This is specifically for league games impacted by the COVID-19 pandemic. This is pending approval from the EFL and broadcast partners. Note, if Barnsley FC are legally permitted to offer you this service, they will, as per advertised and provided for by these Terms.
12.1.2 One home, away or third shirt. This offer relates to 2020/21 Barnsley FC shirts. This offer is also subject to availability. You will be entitled to a retail item of similar monetary value if your choice of shirt is unavailable.
12.1.3 Name on specific items, limited to 1st team captains armband, tunnel area and special edition shirt. Through purchasing a Season Ticket/Membership, you are agreeing to the use of your name being printed in/on those items. When purchasing a Season Ticket/Membership, you have an option to opt out of this benefit.
13. Definitions
In the Conditions of Issue the following words and phrases shall have the following meanings:
"Away Club" means the football club playing against the Club.
"Conditions of Issue" means these terms and conditions governing the issue and use of a Season Ticket/Membership.
"Ground" means the football 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 from the Club on request or otherwise on display at the Ground).
"Guest" means a relative, friend, colleague, or another person known to you who would be entitled to purchase a Season Ticket/Membership under the Terms & Conditions of Entry.
"Match" means any Premier League football match (or other competition match as applicable) in which the Club participates and that takes place at the Ground during an applicable Season.
“Material” means any audio, visual or audio-visual material or any information or data.
"Season Ticket/Membership Card(s)" means the access smart card granting access to the Ground for Matches during an applicable Season.
"Terms & Conditions of Entry" means each of the rules and regulations of FIFA, UEFA, The Football Association, The Premier League ("PL") and The Football League; the Ground Regulations; and the Conditions of Issue (all of which are available from the Club on request).