1. Acceptance of GTCs by the Ticket Holder
Any use of 2010 FIFA World Cup South Africa™ ("Event") match tickets ("Tickets") and the terms of admission to the Stadium at which an Event match ("Match") is taking place will be subject to the following General Terms and Conditions ("GTCs") as established by the Fédération Internationale de Football Association through its South African subsidiary, the 2010 FIFA World Cup™ Ticketing (Pty) Limited (collectively, ("FIFA"). Anyone who purchases, holds or uses a Ticket ("Ticket Holder") will be deemed to have fully and irrevocably agreed with FIFA to these GTCs.
2. Confirmation of the GTCs
In addition to Section 1, by completion and submission to FIFA of an online or hard copy application form for Tickets or any other order form issued by FIFA (or any third party approved by FIFA) for Tickets products that include Tickets ("Ticket Application Form") each person who applies for, or orders, Tickets ("Ticket Applicant") confirms that: (a) he has read, understood and accepted the GTCs, and (b) undertakes that each individual receiving a Ticket through the Ticket Applicant (directly or indirectly) will have read, understood and accepted the GTCs prior to receiving a ticket. For that purpose, the Ticket Applicant will provide a copy of these GTCs to the individuals receiving Tickets from him and will direct the individuals to the additional sources for copies of the GTCs that are identified in Clause 11.2 below.
3. Entry to the Stadium
3.1 Entry into a stadium, which includes areas under the control of the FIFA World Cup™ Authorities on a Match day ("Stadium"), will be authorised on a Match day only upon the presentation of a valid Ticket by each person seeking to gain entrance, regardless of his age.
3.2 Each Ticket evidences permission to enter the Stadium on a Match day which can, at any time, be revoked for good reason by FIFA, the 2010 FIFA World Cup™ Organising Committee South Africa ("LOC"), the 2010 FIFA World Cup™ Ticketing Centre ("FWCTC"), the FIFA Ticketing Office ("FTO"), the Stadium management and/or the South African governmental entity(ies) responsible for safety and security in connection with the Matches, and their respective employees, volunteers, agents, representatives, officers and directors (together the "FIFA World Cup™ Authorities").
3.3 All Ticket Holders must comply with the applicable safety and security rules adopted by the FIFA World Cup™ Authorities for the Stadia on Match days. These rules are summarized in the stadium code of conduct, which is published and available from the sources identified in Clause 11.2 below ("Stadium Code of Conduct"). Examples of items that may be prohibited by the FIFA World Cup™ Authorities at any time in accordance with the Stadium Code of Conduct include, without limitation, weapons of any kind or anything that could be used as a weapon, fireworks, flares or other pyrotechnics, commercial materials or similar items which could infringe any rights of FIFA for the Event, and other objects which could compromise public safety and/or harm the reputation of the 2010 FIFA World Cup South Africa™ as reflected in the Stadium Code of Conduct. The Stadium Code of Conduct should be read carefully before attendance at a Match.
3.4 The FIFA World Cup™ Authorities will be entitled to carry out checks on any Ticket Holder. Tickets may be rendered null and void, and entrance into a Stadium can be refused for any person who, or a Ticket Holder can be refused admission or ejected from the Stadium if such Ticket Holder:
3.5 Individuals who have been banned from attending football Matches by competent authorities or sports governing bodies in any country, or who are considered as a security risk, are prohibited from receiving Tickets and from entering or remaining in the Stadium.
3.6 Ticket Holders leaving the Stadium will not be re-admitted unless otherwise approved by FIFA.
3.7 Each Ticket is numbered to identify a specific seat. Each Ticket Holder must sit in the seat allocated to the respective Ticket. The FIFA World Cup™ Authorities reserve the right to substitute the seat identified on the Ticket with another seat, if appropriate for security reasons, without compensation to the Ticket Holder.
3.8 The FIFA World Cup™ Authorities cannot guarantee:
4. Limitation on Transfer of Tickets
4.1 Ticket Holders may not sell, offer for sale, resell, donate or otherwise transfer their Ticket in any way, without the specific prior written approval of FIFA. Transfer requests will be considered in accordance with the Ticket Transfer Policy defined by FIFA and available on www.FIFA.com. The purposes for the rule limiting Ticket transfers include: (a) event security, (b) consumer protection, and (c) economic fairness as described in greater detail on www.FIFA.com.
4.2 Tickets may only be purchased from FIFA through FIFA or officially authorised agents of FIFA. Any Ticket obtained from any other source (for example, unauthorised intermediaries such as ticket brokers, internet auctions, internet ticket agents) will be rendered invalid, and all rights of entry into the Stadium will be nullified. Such Tickets will be cancelled by electronic or other means, and any person seeking to use such a Ticket obtained through unauthorised sources will be refused entry into the Stadium, ejected from the Stadium and/or will have their Ticket seized by the FIFA World Cup™ Authorities, in addition to other remedies available to the FIFA World Cup™ Authorities.
4.3 Upon request from FIFA, Ticket Holders must explain how, from whom, for what consideration and from where they obtained their Tickets.
5 Sound and Image recordings
5.1 Any Ticket Holder attending a Match expressly acknowledges that it is a public event that is being recorded. To the extent permitted by applicable law, any person attending a Match agrees that use may be made in perpetuity, free of charge or any compensation, of his/her voice, image, photograph and likeness by means of live or recorded video display, broadcast, streaming or other transmission or recording, photographs or any other current and/or future media technologies (now known or hereinafter invented and/or devised), and irrevocably consents to the use of such voice, image, photograph or likeness by FIFA or third parties authorised by FIFA to use such media. Each Ticket Holder waives in advance all rights and actions seeking to oppose such exploitation, subject to applicable law. FIFA (and third parties authorised by FIFA with respect to the use of such media) will be bound by, and comply with, all applicable laws with respect to any use they may make of such media.
5.2 Ticket Holders may not record or transmit any sound, moving or still image or description of the Match (or any result or statistic of the Match) other than for private use. It is strictly forbidden to disseminate any sound, moving or still image, description, result or statistic of the Match, in whole or in part, for any sort of public access, irrespective of the transmission form, whether over the internet, radio, television, mobile phone, data accessory or any other current and/or future media (now known or hereinafter invented and/or devised). Ticket Holders may not assist any other person(s) to conduct such activities.
6 Prohibitions Regarding Ambush Marketing and Other Marketing Activities
6.1 Ticket Holders may not engage in any form of activity which may result in an unauthorised commercial association with FIFA, the Event or parts of it to the detriment of FIFA or its commercial affiliates, whether by way of an unauthorised use of logos or otherwise ("Ambush Marketing").
6.2 At the Stadia on Match days, Ticket Holders are strictly prohibited from using, wearing, possessing or holding promotional or commercial objects and materials, or offering to sell, selling or possessing with the intent to sell drinks, food, souvenirs, clothes, or other promotional and/or commercial items All such items may be removed or confiscated by the FIFA World Cup™ Authorities.
6.3 Ticket Holders are strictly prohibited from providing any type of commercial service or undertaking any commercial promotions in the Stadium, unless expressly authorised by FIFA in writing.
6.4 Ticket Holders are strictly prohibited from handing out pamphlets or information relating to, or in any way promoting or drawing attention to, any business, cause, charity or concern, whether commercial or not, in the Stadium, unless expressly authorised by FIFA in writing.
6.5 Ticket Holders may not use a Ticket for commercial purposes, such as without limitation, for promotions or advertising activities, use as a prize in a competition or sweepstake.
6.6 Tickets may not be sold, or otherwise included for commercial purposes as part of a travel package (for example combining Tickets with flights and/or a hotel room night) or as part of a hospitality package (for example combining Tickets with pre or post Match catering services in proximity to the Stadia), without the prior written approval of FIFA.
7. Acceptance of Risk and Limited Liability
7.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TICKET HOLDER (IN HIS OWN NAME AND ON BEHALF OF ANY MINORS USING A TICKET BOUGHT BY HIM) ACCEPTS ALL RISKS AND DANGERS WHICH THE TICKET HOLDER MAY FACE OR ENDURE WHILE ATTENDING ANY MATCH AND WAIVES ANY CLAIMS AGAINST THE FIFA WORLD CUP™ AUTHORITIES RELATING TO SUCH RISKS AND DANGERS. THE TICKET HOLDER (IN HIS OWN NAME AND ON BEHALF OF ANY MINORS USING A TICKET BOUGHT BY HIM) ACCEPTS THAT THERE ARE RISKS TO HIS PERSONAL SAFETY OR PROPERTY LOSS ON THE WAY TO OR FROM AND OUTSIDE OF OR WITHIN THE STADIUM. NOTHING IN THIS PARAGRAPH IS INTENDED TO REQUIRE A TICKET HOLDER TO ACCEPT RISKS OR DANGERS FROM, OR WAIVE RIGHTS TO DAMAGES ARISING FROM, THE GROSS NEGLIGENCE OR WILFUL MISCONDUCT OF A FIFA WORLD CUP™ AUTHORITY.
7.2 EACH OF THE RESPECTIVE ENTITIES REFERRED TO AS THE "FIFA WORLD CUP™ AUTHORITIES" HAVE INDEPENDENT ROLES AND RESPONSIBILITIES IN CONNECTION WITH THE EVENT. ONE FIFA WORLD CUP™ AUTHORITY SHOULD NOT BE HELD RESPONSIBLE FOR THE ACTIVITIES OR OMISSIONS OF ANOTHER FIFA WORLD CUP™ AUTHORITY. EACH FIFA WORLD CUP™ AUTHORITY IS RESPONSIBLE FOR ITS OWN ACTS AND OMISSIONS.
7.3 NOTHING IN THIS AGREEMENT WILL AFFECT THE STATUTORY RIGHTS OF ANY TICKET HOLDER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM THE NEGLIGENCE OR IMPROPER CONDUCT BY A FIFA WORLD CUP™ AUTHORITY OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
8. Orders of the FIFA World Cup™ Authorities and Non-compliance by Ticket Holder
8.1 For security reasons, and in order to ensure the orderly and smooth implementation of the Event, the Ticket Holder must follow the orders of the FIFA World Cup™ Authorities at the Stadia on Match days. Each Ticket holder is required to cooperate with the FIFA World Cup™ Authorities in the event the Ticket Holder is requested to provide proof of his identity or to consent to the confiscation of prohibited items that may be in his possession at the Stadia.
8.2 If a Ticket is rendered null and void, admission is refused, or a Ticket Holder is ejected from the Stadium based on a violation of the GTCs, the Sales Regulations, the Stadium Code of Conduct or any other relevant laws or by-laws, the FIFA World Cup™ Authorities, to the full extent permitted by applicable law, will not be obligated to issue any refund.
8.3 In the event of a violation of any terms of the GTCs, the Sales Regulations, the Stadium Code of Conduct or any other relevant laws or by-laws, in addition to the other rights and remedies that the FIFA World Cup™ Authorities may have, the FIFA World Cup™ Authorities will have the right to:
8.4 In addition to laws applicable in other countries, the South African government may enact laws or regulations that make it a criminal offence to transfer and/or use Tickets in violation of the GTCs, the Sales Regulations, the Stadium Code of Conduct or any other relevant laws or by-laws. Ticket Holders are advised to obtain information about applicable laws relating to Tickets.
8.5 In addition to the remedies identified in Section 8.2, 8.3 and 8.4 above, the Ticket Holder agrees to give over to a charitable organisation identified by FIFA all revenues or other consideration received from an unauthorised transfer of Tickets as and to the extent determined by FIFA.
8.6 EACH TICKET HOLDER IS RESPONSIBLE FOR THE USE OF HIS TICKET. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY TICKET HOLDER INDEMNIFIES AND HOLDS HARMLESS THE FIFA WORLD CUP™ AUTHORITIES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES AND LIABILITIES SUFFERED AND/OR INCURRED IN CONNECTION WITH, ARISING OUT OF OR RESULTING FROM:
THIS MEANS: IF A TICKET HOLDER VIOLATES ANY TICKET RELATED RULES, HE WILL HAVE TO TAKE FULL FINANCIAL RESPONSIBILITY AND PAY FOR ANY DAMAGE, INCLUDING LEGAL COSTS THAT THE FIFA WORLD CUP™ AUTHORITIES MAY INCUR, IN MANAGING OR RESOLVING THE PROBLEMS CAUSED BY THE VIOLATION.
The personal data that the Ticket Holders provide to the Ticket Applicant, and that the Ticket Applicant provides to FIFA pursuant to the Sales Regulations and/or the Ticket Transfer Policy will, subject to applicable law, be used, processed, stored, and transferred to third parties designated by FIFA (located both within and outside of South Africa) for purposes relating to Ticket sales and allocation procedures, any relevant safety and security measures and/or rights protection measures in connection with the Event.
10. Unforeseen Circumstances
10.1 The FIFA World Cup™ Authorities will not be held liable, no claim will be admissible, and no reimbursement will be made, in the event of the cancellation or modification of the times, dates and/or places of one or more Matches of the Event as a result of a Force Majeure event or any change of teams participating in a Match. A "Force Majeure" event means a storm, earthquake, flood or other act of God, war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war or strife, riot, national state of emergency, plague, act of terrorism, rebellion, strikes, lock-outs or other industrial disputes, acts of governments or other prevailing authorities, or any other similar or related event which is beyond the control of FIFA or another FIFA World Cup™ Authority which delays, prevents the holding of, or causes the cancellation, postponement and/or relocation of, one or more Matches or a substantial part of such a match or matches.
10.2 FIFA reserves the right to make alterations or corrections to the times, dates and places of the Matches, or change the teams participating in a Match due to circumstances other than Force Majeure. If FIFA makes a change to the time or date of the Match, the Ticket will be valid for the re-scheduled Match. If FIFA changes the teams participating in a Match, the Ticket will be valid for the Match with the new teams. If a Match is relocated to another venue within South Africa, then procedures will be implemented for the exchange of Tickets for the alternative location to the extent possible.
10.3 If any Matches in South Africa are cancelled due to circumstances other than Force Majeure, FIFA will make every effort to refund the face value of each ticket to the Ticket Holder. No other circumstances will give rise to a refund.
10.4 Should the Ticket Holder be entitled to a refund for any reason whatsoever, no interest or costs will be due on any monies paid in relation to such a refund. No such refund will exceed the price paid to FIFA for the Ticket. Compensation of further costs and expenses (for example travel or accommodation costs) is excluded. Furthermore, only the Ticket Holder named in the Ticket Application Form will be eligible to apply for any refund. If a refund process is initiated, the Ticket Holder must produce the Ticket for which a refund is sought by the deadline specified by the FIFA.
10.5 Due to security concerns, neither FIFA nor its agents will issue duplicate Tickets because duplicate Tickets could result in more spectators entering the Stadium than the Stadium could safely accommodate. Neither FIFA nor its agents will be liable for any lost or damaged Tickets or late delivery caused by malfunction or interruption of mail or delivery services. TREAT YOUR TICKETS WITH CARE AND KEEP THEM IN A SAFE LOCATION AT ALL TIMES.
11.1 Any information requests relating to Tickets should be addressed to FIFA through the FWCTC at: PO BOX 4928, Cresta, 2118, South Africa. Information will also be provided through www.FIFA.com.
11.2 THE GTCS, THE SALES REGULATIONS AND THE STADIUM CODE OF CONDUCT ARE: (A) MADE AVAILABLE TO ALL TICKET HOLDERS AT www.FIFA.comWWW.FIFA.COM; (B) PROVIDED TO ANY PERSON UPON REQUEST AT THE CONTACT ADDRESS AND NUMBER INDICATED ABOVE; (C) PROVIDED TO THE TICKET APPLICANT IN ORDER TO BE DISTRIBUTED BY HIM TO EVERY TICKET HOLDER RECEIVING TICKETS THROUGH HIM; AND (D) POSTED AT OFFICIAL TICKETING CENTRES. IN ADDITION, THE STADIUM CODE OF CONDUCT WILL BE POSTED AT THE STADIA ON MATCH DAYS.
11.3 Should any provision(s) of these GTCs be declared void, ineffective or unenforceable by any competent court, the remainder of these GTCs will remain in effect as if such void, ineffective or unenforceable provision(s) had not been contained.
11.4 These GTCs have been drafted in English. Translations of the GTCs are available through www.FIFA.com, and, upon request, from FIFA at the address set out in Clause 11.1. In the event of any discrepancy between the English and translated texts, the English text will be used to solve doubts of interpretation and application.
11.5 Certain provisions of these GTCs will be restated in a condensed format so that they may be printed within the small confined space allocated on the back of the Tickets. If there is any doubt regarding the scope or meaning of the condensed provisions on the Ticket backs, the terms of these GTCs will govern.
11.6 To ensure continuity of application and clarity, these GTCs will be governed by, and interpreted in accordance with, the laws of South Africa.
11.7 To the fullest extent allowed by applicable law, for disputes regarding a Ticket, interpretation of these GTCs, compensation or refunds or attendance at the Event, the parties will seek to resolve such dispute amicably. If the parties fail to reach such amicable solution:
In the event that the FIFA World Cup™ Authorities bring a matter in the Magistrates' Court, the Ticket Holder submits to the jurisdiction of the Magistrates' Court. Subject to applicable law, FIFA reserves the right to bring any legal action in relation to these GTCs in the local court of the domicile or residence of the Ticket Holder.