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Terms & Conditions for Debenture Holders - 2021

Introduction:

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

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

The Sellers' Terms and supporting Statements may be modified from time to time which said modified Sellers' Terms and Statements 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 11th May 2020 and applies from and after that date to all and any offers for sale, purchases, sales, exchanges and returns of debenture tickets for the All England Lawn Tennis Club ("AELTC") Championships whether or not paid for and/or delivered for Wimbledon 2021 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, and any resulting orders.

A Registration:

  1. 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(s)". 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.
    2. WDH will only act for a prospective Seller who is at least 18 years old and/or who otherwise have the capacity to enter into legally binding contracts.
    3. Upon request from WDH, the Seller must provide a 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.
    6. If any Information provided is untrue, inaccurate, obsolete, incomplete or misleading, WDH reserves the right to terminate the Seller's account and prevent further use of the Seller of the Sellers' Website.
    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 correspondence by email, telephone or other means regarding the administration of the account, listing of Tickets and any resultant orders and agreements for sale thereof.
  2. 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.
  3. 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.
    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, abusive or illegal activity by the Seller.
      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 communicate face to face or verbally, any abusive, offensive, libellous, threatening or otherwise objectionable messages to WDH staff or make libellous or offensive allegations about WDH to other users or third parties.
  4. Seller ceasing to be Debenture Holder
    1. The Seller and/or Authorised Representative(s) 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 Seller's Authorised Representative(s) forthwith notify WDH both in writing 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; 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 Tickets that the same are no longer available and shall, after receipt of 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 make arrangements to source alternative tickets for Buyers.

B Ticket Sales:

  1. 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 requirements via the Website, email and/or telephone and WDH, acting as agent for the Seller, has accepted such a booking. An invoice or confirmation by email will constitute proof of such acceptance; that contract shall be subject to the Sellers' Terms, the Information and the Buyers' Terms.
    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.
  2. Buyer's Payment
    1. WDH shall require the Buyers to make full payment 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 Ticket[s].
    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.
  3. Delivery and Payment
    1. Unless otherwise agreed by WDH, the Seller shall at the Seller's sole cost and expense deliver to WDH sold Ticket[s]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 Ticket[s] from AELTC, provided that the Ticket[s] are delivered to WDH at least two days before the day of play for which the Ticket[s] are valid; time being of the essence of the Seller's obligation of delivery.
    2. WDH will provide the Seller with delivery instructions. Delivery to WDH is the responsibility of the Seller. Delivery will be effected 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.
    3. Failure by the Seller to deliver Ticket(s) 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.
    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 Ticket[s] 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 Ticket[s] within 30 days of receiving the Ticket(s). 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 Ticket(s), WDH shall pass on to the Seller the balance of the Buyer's payment for the Ticket[s] excluding commission, service charge VAT & disbursements within 30 days of WDH receiving the Ticket(s). 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.
  4. 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. Any request for a cancellation or variation of any sale by the Seller must be emailed to office@wimbledondebentureholders.com. Each case shall be reviewed on its individual merits but cancellations or requests for variations will only be agreed by WDH in special situations.
  5. 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.
  6. 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.
  7. 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 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 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; 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 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.
  8. Liability of WDH
    1. The Seller hereby acknowledges that WDH is acting as an agent for the Seller in arranging the sale of Tickets. WDH will be liable to the Seller only for losses up to a maximum of the value of the Commission as provided for at Clause B.2 in circumstances where such losses are suffered by the Seller due to any act or omission of WDH. WDH will not be liable for any indirect losses including consequential, special or punitive damages including lost opportunity or loss of profits.
  9. Entire Agreement
    1. These Sellers' Terms as supplemented by the Statements and complemented by the 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 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. 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.
    3. 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.
  10. 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.
  11. Notices
    1. Written communications between the Seller and WDH shall be conducted by email including any notifications that may be required.
  12. 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 or constitute or be deemed to constitute either party the agent or employee of the other for any purpose whatsoever.
  13. 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.
  14. 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
  15. Capacity
    1. The Seller warrants and represents that they have the legal capacity to make the transaction[s].
  16. 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 11 Staple Inn London WC1Q 7QH