Terms And Conditions For Buyers - 2022

Introduction:

All those purchasing debenture tickets ("Tickets") for Wimbledon ("Buyer(s)") from holders of those tickets ("Seller(s)") via Wimbledon Debenture Holders ("WDH") are advised to read the following Buyers' Terms and Conditions ("Buyers' Terms") carefully before (i) using this website ("Website") and (ii) WDH's services as agents for Sellers ("Services"). These Buyers' Terms should be read in conjunction with the following:

Our Privacy Statement, which sets out how WDH will process any personal data that is collected and or provided to WDH by Sellers and Buyers.

Our Cookie Statement, which sets out information about the use of cookies on our Website.

Our Terms and Conditions for Sellers

By using this Website and the Services, the Buyer confirms acceptance of these Buyers' Terms and agrees to be bound by and to fully comply with them.

The Buyers' Terms may be modified from time to time which said modified Buyers' Terms shall be posted on the Website whereupon they shall become effective immediately. A Buyer's continued use of the Website and Services following the posting of such a revision will constitute the Buyer's acceptance of the revised version.

The current version of these Buyers' Terms was posted on 28th July 2022 and applies from and after that date to all and any offers for sale, purchases, sales, exchanges and use of debenture tickets for the All England Lawn Tennis Club [AELTC] Championships whether or not paid for and/or delivered for Wimbledon 2022 and beyond.

Buyers' Terms & Conditions

Contract for sale of Tickets
1. A legally binding contract shall be in force between the Buyer and the Seller when the Buyer has confirmed its agreement to purchase Tickets in accordance with the requirements set out on the Website, or otherwise by email and/or telephone and WDH, acting as agent for the Seller, has accepted such a booking in writing (email to suffice) ("Contract"). An invoice or confirmation by email will constitute proof of such acceptance. Once a Contract has been made neither Seller nor Buyer has the right to cancel it.
2. WDH is acting solely as an agent for the Seller and does not acquire title in or to any Ticket[s] nor does WDH assume or accept any liability for any act or omission of the Seller.
Price
1. All ticket prices quoted on the Website or via the telephone/email are inclusive of all costs including any delivery costs and/or administration fee connected therewith.
2. Subject to Tickets being received by WDH from the Seller, delivery of Tickets to the Buyer will be effected electronically by WDH as agent for the Seller by transferring the Tickets into the Buyer's myWimbledon account. In the event that AELTC deems it necessary to print paper tickets for a Seller, delivery by WDH or as WDH may otherwise direct shall, at WDH's option, be made either by (a) Royal Mail Special Delivery, or (b) FedEx (or a similar alternative service as agreed by WDH in writing) or (c) hand delivery or collection within Central London; WDH reserves the right to charge the Buyer an additional sum for effecting delivery using any other service or method.
3. In the event that the Buyer has issues with securing Tickets through myWimbledon or if obtaining delivery of Tickets via myWimbledon is otherwise not possible, the Buyer may be required to collect the Tickets at the AELTC's Grounds on the day of play.
Buyer Details and Requirements
1. The Buyer will be responsible for registering correct details as to their:
  1. Name, address, email address and telephone number; and
  2. credit/debit card or bank details for the purpose of payment. The debit/credit card must belong to the Buyer.
2. The Buyer must be aged 18 and over and have the capacity to enter into legal binding contracts.
3. If the Buyer provides any details that are incomplete or incorrect, WDH as agent for the Seller has the right to terminate any contract between the Buyer and the Seller.
4. The Buyer agrees that WDH can provide the Buyer's name, address and contract details to the management, administration or officials of the AELTC.
5. The Buyer hereby warrants and represents that the Buyer has established a myWimbledon account with AELTC and that, if prior to making the Contract (as hereafter defined) the Buyer has not done so, the Buyer will do so forthwith after being notified by WDH that the Buyer's offer to buy Tickets has been accepted. The Buyer shall be solely responsible for establishing a myWimbledon account for which WDH accepts no responsibility or liability. WDH is not under any obligation to deliver Tickets other than through a myWimbledon account. The Buyer warrants and represents that in registering the said account the Buyer has acknowledged and accepted the Terms and Conditions applying to the said account including and not limited to the Privacy Policy.
Payment Credit/Debit Card, Bank Payment or Cheque Payment
1. Full payment for all Tickets must be made by the Buyer immediately upon making the booking.
2. The Buyer grants WDH irrevocable permission to charge the Buyer's credit/debit card or PayPal Account or undertakes to make a bank transfer or other direct payment to WDH for the purchase of Tickets.
3. Full payment in cleared funds must be received by WDH before Tickets are dispatched. WDH may request proof of identity and/or a signed confirmation with credit/debit card payments.
4. If full payment is not made as and when required by WDH, time to be of the essence of the Buyer's obligation to make payment, then in its discretion, WDH may treat such failure as a repudiation by the Buyer of the agreement to purchase Tickets whereupon the Seller may relist those Tickets for sale without any notice to the Buyer.
5. If payment is by card and paper Tickets are issued (as referred to in clause 2 ii) the Tickets may only be dispatched to the address where the card is registered. If circumstances occur in which the Buyer needs to amend the delivery address, the Buyer's request to do so must be in writing and the acceptance of any change will be at the sole discretion of WDH.
6. Receipt by WDH of full payment shall be deemed to constitute an instruction to WDH as agent for the Seller to deliver the Tickets to the Buyer.
7. No refund will be made for lost Tickets.
8. At no time does WDH provide the Buyer's payment information to the Seller.
Cancellations or Variations by the Buyer
1. Once payment has been received by WDH, Tickets may not be exchanged or any payment refunded other than in the absolute discretion of WDH.
Alterations to Advertised Tickets
1. All advertised tickets are subject to availability.
2. WDH as agent to the Seller has the right to change the price applicable to any Ticket (upwards or downwards) at any time prior to a booking being accepted by WDH and confirmed by WDH to the Buyer in writing. When such change alters the price from that advertised the altered price must be paid in accordance with clause 4 above.
3. In the event that at any time after the Seller agrees to sell the Tickets to the Buyer, the Seller is unable and/or fails to make delivery of Tickets to WDH, WDH will endeavour to supply replacements to the Buyer, failing which will require the Seller to refund the Buyer's payment in respect of which the procedure set out at clause B7iii shall apply.
Cancellation, Force Majeure
1. In the event that play on the day for which Tickets have been paid for is cancelled for that day or restricted as a consequence of inclement weather, the Buyer's remedies shall be limited to the right to receive an amount from the Seller equal to such sum as may be refunded to the Seller by AELTC in respect of that day. WDH shall require that forthwith upon receipt by the Seller of said refund from AELTC the Seller shall pay the same to WDH. This refund shall forthwith thereafter be passed on by WDH to the Buyer of those Tickets. In the event of cancellation or termination for any other reasons the provisions of sub-clauses 7ii-7iv shall apply.
2. In the event that the day or days for which Ticket[s] have been purchased and/or the tournament as a whole is cancelled or postponed for any other reason whatsoever including but not limited to any act of Force Majeure the Buyer's entitlement to a refund from the Seller shall be in accordance with the provisions of clause 7.iii. For the purpose of these Buyers' Terms 'Force Majeure' shall include but not be limited to natural disaster (including but not limited to earthquakes, flooding, hurricanes, tornadoes or other extreme weather event); national emergency; war; sabotage; act(s) of terrorism; military operation; emergency or other government regulations; strikes; revolution, riot or other civil disorder or other civil disobedience; political or social protests; labour disputes or strikes; collapse or other failure of government -national or, regional or local; international, national, regional or local medical emergency to include but not limited to any epidemic or pandemic or any other outbreak of any virus, disease, plague or other infection; interruption to transport services or systems; interruption to or cancellation of the provision of any services to the venue or area in which the venue is situated to include electricity, gas and water; destruction of or damage to the venue or the vicinity in which it is situated; failure of the internet; any other cause beyond the reasonable control of the Seller.
3. In the event of cancellation or postponement in the circumstances mentioned in clause 7.ii, WDH shall contact the Seller and request that the Seller refunds to WDH the full sum paid by WDH to the Seller which, upon receipt by WDH, shall be refunded to the Buyer as soon as practicably possible less (a) any disbursements or expenses incurred and paid by WDH that are in any way connected with the sale of the Tickets to the Buyer and (b) a reasonable administrative charge that shall be determined by WDH on a case-by-case basis (individually and collectively the "Deductions"); notwithstanding the foregoing, in the event that WDH has retained payment of all or some of the purchase price paid by the Buyer that sum shall be repaid promptly to the Buyer on account of the total repayable but subject to the whole or part of the Deductions.
4. Save for its obligations as provided for in clause 7.ii, in the event of an event of Force Majeure, WDH shall have no liability to the Buyer and WDH shall be under no obligation to the Buyer to pay or procure the payment to the Buyer of a refund of the whole or any part of the price paid by the Buyer for Tickets.
Liability of the Seller
1. In the event that the Seller fails or neglects to deliver the Tickets to WDH in accordance with its obligations as provided for in the Sellers' Terms and, as a consequence, WDH fails to deliver Tickets or any replacements thereof to the Buyer on time or at all or if the Buyer suffers any other loss as a consequence of any other act or omission by the Seller the maximum liability of the Seller to the Buyer shall be a sum equal to the full payment made by the Buyer pursuant to Clause 2i less the Deductions as provided for in clause 7iii and in respect of which WDH shall have no liability to the Buyer.
2. The Seller shall not be liable for any loss or damage sustained to property or belongings of the Buyer nor any of the Buyer's guests or for any further costs, demands or expenses incurred or suffered by the Buyer arising out of the purchase of the Tickets.
3. Save as above the Seller nor WDH will be liable for any indirect losses claimed or suffered by the Buyer including consequential, special or punitive damages including lost opportunity or loss of profits as a result of purchasing the Tickets.
Applicability of Terms
1. These Buyers' Terms set out the entire agreement and understanding between the parties and supersedes all previous agreements and arrangements between them with regard to such transactions. The Buyer acknowledges that in agreeing to purchase Tickets the Buyer has not relied on any statements or representations of WDH not incorporated into these Buyers' Terms. The Buyer irrevocably and unconditionally waives any right it may have to claim damages and/or rescind the Buyer's agreement to purchase Tickets by reason of any misrepresentation (other than a fraudulent misrepresentation) not contained in these Buyers' Terms.
2. Notwithstanding anything else in these Buyers' Terms, all Tickets are sold subject to the rules for the time being in force of the AELTC ("AELTC Rules") and any other rules and regulations that may from time to time being in force at Wimbledon whether imposed by AELTC or the government or any other statutory or regulatory body or organisations ("Other Rules"). In the event of there being any inconsistency or contradiction as between these Buyers' Terms and/or AELTC Rules and/or Other Rules, the Other Rules shall prevail over AELTC Rules which, in turn, shall prevail over the Buyers' Terms.
3. Any conditions or warranties (whether express or implied by statute or common law or arising from conduct or a previous course of dealing or trade custom or usage or otherwise howsoever) as to the care and skill with which WDH shall provide its services are expressly negatived by these Buyers' Terms to the fullest extent permitted by law.
4. Buyer hereby acknowledges, accepts and agrees that Buyer fully understands and appreciates that neither Seller nor WDH has any control over the schedule for play at the AELTC Championships at Wimbledon which schedule is entirely within the discretion of AELTC; Buyer's purchase of Tickets is subject to Buyer hereby acknowledging that at any time and without prior notice AELTC may change the schedule for play which change or changes may include and not be limited to: (a) the day or days on which any one or more rounds of the Championship may be played; (b) the day or days on which any one or more matches may be played (c) the order in which on which any one or more matches are to be played (d) the courts on which any one or more matches are to be played; (e) the postponement or cancellation of any one or more matches; (f) the reduction in the number of matches to be played on any given day or days; and in no circumstances shall any change in the schedule entitle a Buyer to cancel, to seek to cancel, to terminate or to seek to terminate or seek to vary any Contract nor make any claim for a partial or total refund of any payment made nor to make any other claim for compensation or otherwise.
5. No variation of these Buyers' Terms shall be effective unless in writing and executed by or on behalf of each of WDH and the Buyer.
Waiver
1. Delay in exercising, or a failure to exercise, any right or remedy in connection with these Buyers' Terms shall not operate as a waiver of that right or remedy. A single or partial exercise of any right or remedy shall not preclude any other or further exercise of that right or remedy, or the exercise of any other right or remedy. A waiver of a breach of these Buyers' Terms shall not constitute a waiver of any subsequent breach.
Notices
1. Written communications between the Buyer and WDH shall be conducted by email including any notifications that may be required. All notifications to WDH shall be sent to office@wimbledondebentureholders.com. Unless otherwise notified by the Buyer to WDH in writing, all notifications may be sent to by WDH to the Buyers email address provided by the Buyer at the time of the Buyer's registration on the Website.
Relationship between Parties
1. Nothing in these Buyers' Terms shall constitute or be deemed to constitute a partnership or other form of joint venture between the parties or constitute or be deemed to constitute either party the agent or employee of the other for any purpose whatsoever.
Third Party Rights
1. No person who is not a party to these Buyers' Terms is entitled to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
Severability
1. The parties intend each of these Buyers' Terms to be severable and distinct from the others. If any one or more of the Buyers' Terms is held to be illegal, invalid or unenforceable, in whole or in part, the parties intend that the legality, validity and enforceability of the remainder of these Terms shall not be affected.
Capacity
1. The Buyer warrants and represents that they have the legal capacity to enter into the transaction[s] pursuant to which the Tickets will be purchased.
Interpretation
1. In these Buyers' Terms, where applicable, the singular shall include the plural and vice versa.
Assignment and Succession
1. These Buyers' Terms shall be binding on each of the parties' respective heirs and assigns.
Law and Construction
1. These Buyers' Terms and the relationship between (i) WDH as agent for and on behalf of the Seller and (ii) the Buyer and shall be governed by English Law and the parties hereby submit to the exclusive jurisdiction of the English Courts in all matters regarding to Contracts and these Terms and Conditions.

Wimbledon Debenture Holders is the trading name of Debentures Limited (registered number 06013659) Registered Office 80 Cheapside, London, EC2V 6DZ