Terms & Conditions for Debenture Holders - 2022

Introduction:

All those listing debenture tickets for sale ("Tickets") for Wimbledon ("Sellers") for sale to buyers ("Buyers") via Wimbledon Debenture Holders ("WDH") are advised to read the following Sellers' Terms and Conditions ("Sellers' Terms") carefully before (i) using this website ("Website") and (ii) WDH's services as agents for Sellers ("Services"). These Sellers' 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 the website.

Our Terms and Conditions for Buyers (Buyers' Terms).

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

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

The current version of these Sellers' Terms was posted on 28th July 2022 and applies from and after that date to all and any offers for sale, purchases, sales, exchanges, returns 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.

By signing up to the Website ("Registration") the Seller agrees to receive correspondence by email, telephone and other means regarding administration of the account, the listing of tickets, any resulting orders and all any other matters in any way connected with the subject matter of these Sellers' Terms.

A Registration:

Registration by Debenture Holder and Accurate User Information
1. In order to register, a prospective Seller must be an AELTC debenture holder ("Debenture Holder") or be able to prove that he/she is fully authorised by a Debenture Holder ("Authorised Representative".) WDH reserves the right to terminate the account of any person who is not a Debenture Holder or cannot prove they are fully authorised by a Debenture Holder. In these Sellers' Terms, where the context admits, references to the "Seller" shall include "Authorised Representative" and vice versa.
2. WDH will only act for a prospective Seller who is at least 18 years old and/or who otherwise has the capacity to enter into legally binding contracts.
3. Upon request from WDH, the Seller must provide a clear and verifiable copy of the debenture certificate[s].
4. When completing the details on the Website or providing details to WDH for inclusion on the Website, the Seller shall provide, maintain and update true, accurate, current, up-to-date and complete information: (a) about him/herself and (b) the availability of Tickets, ("Information").
5. Information concerning the availability of Tickets must be updated forthwith upon sales being made or in the event that Tickets are to be relisted or withdrawn from offer for sale.
6. If any Information provided is untrue, inaccurate, obsolete, incomplete or misleading, WDH reserves the right to terminate the Seller's account by written notice (email to suffice) and to prevent further use by the Seller of the Sellers' Website; such termination shall not affect all the rights and liabilities arising from sales of Tickets made prior to such termination to which these Sellers' Terms shall continue to apply
7. Registration on the Website does not of itself create a binding contract for sale of Tickets but indicates that the Seller is willing and able to sell Tickets.
8. Registration constitutes the Seller's agreement to receive information correspondence or other material from WDH by email, telephone or other means as WDH may elect regarding the administration of the account, listing of Tickets and any resultant orders and agreements for sale thereof.
9. The Seller hereby warrants and represents that the Seller has established a myWimbledon account with the AELTC and that if, prior to the listing of Tickets and, if the Seller has not done so, that the Seller will do so forthwith after the listing of Tickets. The Seller shall be solely responsible for establishing a myWimbledon account for which WDH accepts no responsibility or liability.
Username and Password:
1. The Seller will need a username, email address and password to access the Website. The Seller is responsible for maintaining the security of their username and password and is responsible for any action taken thereunder.
Termination
1. A Seller who wishes to remove his/her details for any reason is entitled to do so by giving notice to WDH by email to office@wimbledondebentureholders.com. Within 48 hours of acknowledging receipt of the notification WDH will remove the Seller's details and any remaining offers to sell Tickets. The Seller acknowledges that WDH may keep all transaction details as long as may be required to comply with any statutory and/or other legal obligations; such removal shall not affect all rights and liabilities arising from the sale of Tickets made prior to such removal to which these Sellers' Terms shall continue to apply.
2. Without prejudice to any remedy that WDH may have, WDH may terminate or suspend (without liability to the Seller) with immediate effect and without notice the Seller's access to, and use of the Website, if
  1. WDH reasonably believes that the Seller has breached any of the Sellers' Terms;
  2. WDH is unable to determine the accuracy or validity of any Information;
  3. WDH suspects fraudulent, deceptive, misleading, abusive or illegal activity by the Seller or in any way connected to the Seller's account;
  4. The Seller fails to honour any part of a contract for the sale or purchase of Tickets; (see below under Ticket Sales)..
3. A Seller may be refused access to the Website and WDH's services if they send by email or letter, or other medium, or communicate face-to-face or verbally, any abusive, offensive, libellous, threatening or otherwise objectionable messages to WDH staff or make defamatory or offensive allegations about WDH to other users or third parties.
Seller ceasing to be Debenture Holder
1. The Seller and/or Authorised Representative hereby warrant and represent that (a) the Seller is a Debenture Holder and (b) the Seller will remain a Debenture Holder at all times following Registration and (c) the Seller will remain the owner and in control of all and any Tickets issued and/or to be issued and/or to which the Seller is entitled as a consequence of the Seller being a Debenture Holder of those Tickets which are listed on the Website following Registration.
2. If at any time following Registration the Seller ceases (a) to be a Debenture Holder and/or (b) to be entitled to sell or offer for sale any one or more of the Tickets, then the Seller shall either directly or via the Authorised Representative forthwith notify WDH both in writing (email will suffice) and also by telephone of that cessation whereupon the Seller shall forthwith repay to WDH all and any sums the Seller may then have received from the sale of Tickets not issued or which have been issued but not delivered or which have been delivered but not used ("Unavailable Tickets"); time shall be of the essence of the Seller's obligation to make said repayment.
3. Upon receipt of the written notice provided for at 4 ii, WDH shall notify any Buyers of the Seller's Unavailable Tickets that the same are no longer available and shall, after receipt of cleared funds from the Seller, refund the purchase price to the Buyers less any administrative or other charges which it is entitled to deduct and/or, if available, make arrangements to source alternative tickets for the Buyers.

B Ticket Sales:

Contract for sale of Tickets
1. A legally binding contract ("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 provided for in the Buyers' Terms via 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). 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 Tickets nor does WDH assume or accept any liability for any act or omission of the Seller.
3. Once a Contract has been made, notwithstanding any provision to the contrary in any rule or regulation of the AELTC that may entitle a Seller to return Tickets to the AELTC without cause, Seller shall not return any Tickets to the AELTC nor seek a refund from the AELTC.
Buyer's Payment
1. WDH shall require the Buyers to make full payment for all Tickets immediately upon making a booking failing which WDH may treat the Buyer as having repudiated its agreement to purchase Tickets whereupon WDH shall inform the Seller so that the Seller may relist Tickets.
2. The price for Tickets to be paid by the Buyer shall include WDH's commission ("Commission") and service charge ("Service Charge"). The Commission shall be deemed to include all of WDH's costs. If and where applicable, VAT will be added to payments to be made under these Sellers' Terms. The Seller shall receive the Ticket price less the Commission, Service Charge and VAT.
Delivery and Payment
1. Unless otherwise agreed by WDH, the Seller shall at the Seller's sole cost and expense deliver to WDH sold Tickets on the date that is the later of (a) within one week of the Contract being made and (b) within one week of the Seller receiving the Tickets from the AELTC, and provided always that the Tickets shall be delivered to WDH at least two days before the day of play for which the Tickets are valid; time shall be of the essence of the Seller's obligation of delivery.
2. Delivery to WDH is the sole responsibility of the Seller. Delivery will be effected electronically by the Seller transferring the tickets into WDH's myWimbledon account. In the event that the AELTC deems it necessary to print paper tickets for a Seller, delivery to WDH or as WDH may otherwise direct shall, at WDH's option, be made by the Seller either by (a) Royal Mail Special Delivery, or (b) FedEx (or a similar or alternative service first agreed by WDH in writing) and will only have been completed once WDH has signed for acceptance of delivery. Evidence of posting shall not be deemed evidence of delivery. Save as otherwise provided for by this clause B3ii WDH is not under any obligation to accept delivery of Tickets other that through a myWimbledon account.
3. Failure by the Seller to deliver Tickets to WDH on time or at all for any reason including an event of Force Majeure shall constitute a breach by the Seller of the Contract entitling the Buyer to terminate upon giving written notice to WDH which said notice shall be accepted by WDH as agent for the Seller.
4. WDH as agent for the Seller shall make arrangements for delivery of the Tickets to the Buyer only after WDH has received the Tickets from the Seller in accordance with the Seller's delivery obligation. WDH shall charge the Buyer for the cost of delivery to the Buyer.
5. The responsibility for delivery of the Tickets by the Seller (or the Seller's estate as the case may be) shall not be reduced, discharged or otherwise affected under any circumstance including, without limitation, the following:
  1. any insolvency, bankruptcy, liquidation, administration, winding up, incapacity, death, limitation, disability, the discharge by operation of law, or any change in the constitution, name or style of the Seller;
  2. granting to any third party a power of attorney; or
  3. any claim or enforcement as security over Tickets from any third party.
6. In the event that the Seller fails to make delivery of Tickets to WDH in accordance with the Seller's obligations as provided for in this clause B.3, the Seller shall forthwith refund a sum equal to all and any payments the Seller may have received for said Tickets and authorises WDH to refund Buyer in accordance with Buyers' Terms.
7. WDH shall pass on to the Seller the Buyer's payment for the Tickets within 30 days of receiving the Tickets. WDH may, at its sole discretion, propose different payment options with the Sellers.
8. In circumstances where a Seller has received monies on account of the payment for the Tickets, WDH shall pass on to the Seller the balance of the Buyer's payment for the Tickets excluding commission, service charge VAT & disbursements within 30 days of WDH receiving the Tickets. WDH may, at its sole discretion, propose different payment options with Sellers.
9. The delivery and refund obligations of the Seller shall be of the essence of these Sellers' Terms.
Cancellations or Variations by the Seller
1. All completed sales are final. Confirmation to WDH by the Seller of the Seller's acceptance of an offer from a Buyer and confirmation by WDH of its receipt of full payment from a Buyer shall operate as an instruction to WDH as agent to deliver the Tickets to the Buyer following their receipt by WDH from the Seller.
Alterations to Advertised Tickets.
1. WDH as agent for 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 from a Buyer.
Tax
1. The Seller is responsible for determining whether any taxes (including VAT) are chargeable on the Seller's sale of tickets, and, if so, any tax due will be included in the Payment in accordance with Clause B.2 of this section.
Cancellation, Force Majeure
1. In the event that play on the day for which a Ticket has been paid for is cancelled for that day or restricted as a consequence of inclement weather, any refund due to the Seller from the AELTC in respect of that day shall forthwith upon receipt be paid by the Seller to WDH. This said 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 Tickets 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 shall be entitled to a refund from the Seller which shall be dealt with in accordance with the provisions of clause 7.iii. For the purpose of these Sellers' 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; acts 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 and/or delivery 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, 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 require that the Seller refunds to WDH the full sum paid by WDH to the Seller which the Seller shall forthwith remit to WDH, following receipt of which, WDH shall refund to the Buyer as soon as practicably possible the sum received 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) an administrative charge that shall be determined by WDH on a case-by-case basis ("Deductions"); notwithstanding the foregoing, in the event that WDH has retained 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 WDH retaining a sum equal to the whole or part of the Deductions.
4. In the event of an event of Force Majeure, WDH shall have no liability to the Seller for any claim or loss alleged by the Seller to have arisen therefrom.
Liability of WDH
1. The Seller hereby acknowledges that WDH is acting as an agent for the Seller in arranging the sale of Tickets. In circumstances where the Seller suffers a loss due to any act or omission of WDH, WDH will be liable to the Seller only for losses up to a maximum sum equal of the value of the Commission as provided for at Clause B.2. WDH will not be liable for any indirect losses including consequential, special or punitive damages including lost opportunity or loss of profits.
Applicability of Terms
1. These Sellers' 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 Seller acknowledges that in agreeing to sell Tickets the Seller has not relied on any statements or representations of WDH not incorporated into these Sellers' Terms. The Seller irrevocably and unconditionally waives any right it may have to claim damages and/or rescind the Seller's agreement to sell Tickets by reason of any misrepresentation (other than a fraudulent misrepresentation) not contained in these Sellers' Terms.
2. Notwithstanding anything else in these Sellers 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 Sellers' Terms and/or AELTC Rules and/or Other Rules, the Other Rules shall prevail over AELTC Rules which, save for the Seller's obligation under clause B1iii which is an overriding obligation and the essence of a Contract shall prevail over the Sellers' Terms.
3. WDH shall make known to Buyers that neither Seller nor WDH has any control over the schedule for play at Wimbledon which schedule is entirely withing the discretion of AELTC; Buyer's purchase of Tickets shall be subject to Buyer acknowledging that at any time and without prior notice AELTC may change the schedule for play which 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 be played (c) the order in which matches are to be played (d) the courts on which matches are to be played; (e) the postponement or cancellation of matches; 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.
4. 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 Sellers' Terms to the fullest extent permitted by law.
5. No variation of these Sellers' Terms shall be effective unless in writing and executed by or on behalf of each of the Seller and WDH.
Waiver
1. Delay in exercising, or a failure to exercise, any right or remedy in connection with these Sellers' 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 Sellers' Terms shall not constitute a waiver of any subsequent breach.
Notices
1. Written communications and all notices required under these Sellers' Terms between the Seller 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 Seller to WDH in writing, all notifications may be sent by WDH to the Seller to the email address provided by the Seller at the time of the Seller's registration on the Website.
Relationship between Parties
1. Nothing in these Sellers' Terms shall constitute or be deemed to constitute a partnership or other form of joint venture between the parties.
Third Party Rights
1. No person who is not a party to these Sellers' 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 Sellers' Terms to be severable and distinct from the others. If any one or more of the Sellers' 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 Sellers' Terms shall not be affected
Capacity
1. The Seller warrants and represents that they have the legal capacity to make the transactions.
Interpretation
1. In these Sellers' Terms, where applicable, the singular shall include the plural and vice versa.
Assignment and Succession
1. These Sellers' Terms shall be binding on each of the parties' respective heirs and assigns.
Law and Construction
1. These Sellers' Terms and the relationship between the Seller and WDH shall be governed by English Law and WDH and the Seller 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