2014 FIFA World Cup Brazil™  

FIRST AMENDED AND RESTATED DELIVERY TERMS OF SERVICE 

Deliveries outside of Brazil

WHEREAS FIFA has arranged for service provider DHL Express to deliver the Tickets;

WHEREAS the delivery of Tickets is subject to the Delivery Company Terms, as set forth in article 2.5 of the Delivery Terms of Service;

WHEREAS recently FIFA became aware of the Delivery Company Terms;

 

WHEREAS the Delivery Company Terms give rise to certain alterations in the Delivery Terms of Service;

WHEREAS according to article 9.1 of the Delivery Terms of Services, the Ticket Holder is entitled to cancel the Delivery Request, and request collection of all Tickets allocated to the Ticket Holder at the FVTCs pursuant to the Sales Regulations, within seven (7) days following the acknowledgement of the Delivery Company Terms by FIFA, upon full refund of the payment received from the Ticket Holder for the delivery of Tickets;

The Delivery Terms of Service are hereby amended in the following terms:

 

A)    Clause 2.5 shall read as follows:

 

By submitting the Delivery Request, subject to the cancellation right pursuant to Clause 9 below, the Ticket Holder agrees that the delivery of Tickets will be subject to these Delivery Terms of Service and such standard, general terms and conditions as applied by the Delivery Company for the provision of its services to the Ticket Holder (“Delivery Company Terms”).

B)    Clause 2.6 shall read as follows:

 

Ticket Holders must elect Ticket delivery to an address outside of Brazil. THE TICKET HOLDER AGREES AND ACKNOWLEDGES THAT (i) SHIPMENTS CANNOT BE DELIVERED TO P.O BOXES OR POSTAL CODES; (ii) SHIPMENTS MAY NOT BE DELIVERED PERSONALLY TO THE TICKET HOLDER; AND (iii) AND THAT SOME COUNTRIES AND/OR SPECIFIC LOCATIONS MAY NOT BE COVERED BY THE DELIVERY COMPANY. FIFA will notify the countries and/or specific areas to which the Delivery Company will not service from time to time through communications to the affected Ticket Holders and via FIFA.com/tickets.

C)     Clause 5.2 shall be deleted.

 

D)    Clause 9.1 shall read as follows:

 

The Ticket Holder is entitled to cancel the Delivery Request, and request collection of all Tickets allocated to the Ticket Holder at the FVTCs pursuant to the Sales Regulations, within seven (7) days following the receipt by email of these Amended and Restated Delivery Terms and Conditions by the Ticket Holder. In the event of a cancellation of the Delivery Request pursuant to this Clause 9.1, FIFA will fully refund the payment received from the Ticket Holder for the delivery of Tickets. Such cancellation of a Delivery Request does not entitle the Ticket Holder to any further compensation or any further claim against FIFA, the FTC or the Delivery Company.

 

E)     Clause 10 shall read as follows:

 

10.1 NEITHER FIFA NOR FTC NOR THE DELIVERY COMPANY SHALL BE HELD LIABLE FOR ANY:

 

(i)                DELIVERY FAILURES OR DELAYS CAUSED BY INCORRECT ADDRESS INFORMATION OR INCORRECT DATA PROVIDED BY THE TICKET HOLDER. If the Delivery Company is unable to deliver any Ticket package because of an incorrect address, the Delivery Company will use reasonable efforts to secure the correct address, but neither FIFA,  the FTC nor the Delivery Company accept any liability for the delivery of the Tickets under that circumstance;

(ii)             INCORRECT OR INCOMPLETE COLLECTION, INPUTTING, TRANSFER OR HANDLING OF DATA AND FURTHER INFORMATION OR MANAGEMENT THEREOF, INCLUDING FOR ANY LOST, INCORRECT OR INCOMPLETE DELIVERY REQUESTS;

(iii)           TECHNICAL MALFUNCTIONS, SUCH AS ANY FAILURE OF COMPUTER HARDWARE OR SOFTWARE OR ANY INTERNET OR PRINTING MALFUNCTIONS;

(iv)            FAILURE TO COMMUNICATE WITH ANY TICKET HOLDER BY E-MAIL, POST, SMS, FAX OR OTHERWISE, INCLUDING THE FAILURE TO DELIVER, OR DELAYED DELIVERY OF, THE DELIVERY CONFIRMATION VIA THE TICKET HOLDERS’ EMAIL, PHONE OR THROUGH ANY OTHER SERVICE PROVIDERS;

(v)              DELAY, OR FULL OR PARTIAL FAILURE, TO MAKE PAYMENT TO, OR RECEIVE PAYMENT FROM, FIFA BY THE TICKET HOLDER PURSUANT TO THESE DELIVERY TERMS OF SERVICE FOR WHATSOEVER REASON;

 

(vi)            DELAY IN THE DELIVERY OF TICKETS;

 

(vii)         INTERRUPTION OF DELIVERY SERVICE, LOSSES OR DAMAGES DUE TO A CAUSE BEYOND THEIR CONTROL, INCLUDING BUT NOT LIMITED TO THE ABSENCE OF A PERSON OR THE REFUSAL OF A PERSON ACCEPTING DELIVERY OF THE SHIPMENT, THEFT, LOSS OR DAMAGE TO PACKAGES IN TRANSIT, ELECTRICAL OR MAGNETIC DAMAGE TO, OR ERASURE OF, ELECTRONIC IMAGES, DATA OR RECORDINGS, ACTION OF THE PUBLIC AUTHORITIES WITH REAL OR APPARENT AUTHORITY OVER FACILITIES OR SERVICES, ACTION OR OMISSIONS OF THE CUSTOMS AUTHORITIES OR OTHER SIMILAR AUTHORITIES OR ANY THIRD PARTY NOT CONTRACTED OR EMPLOYED BY FIFA, FTC OR DELIVERY COMPANY, RIOTS, STRIKES, OR OTHER LABOR DISPUTES, PUBLIC DISTURBANCES, FACTORS THAT DISRUPT AIR AND GROUND TRANSPORTAITON SYSTEMS SUCH AS WEATHER CONDITIONS OR NATURAL DISASTERS, AN ACT OF GOD OR ANY OTHER SIMILAR FACTOR INCLUDED IN THE DEFINITION OF FORCE MAJEURE IN THE 2014 FIFA WORLD CUP GENERAL TERMS AND CONDITIONS RELATING TO THE USE OF TICKETS.

 

TO AVOID SUCH RISKS IN TICKET TRANSIT, THE TICKET HOLDER CAN SELECT TO COLLECT TICKETS AT THE FVTCS IN BRAZIL.

 

10.2 Notwithstanding the foregoing, in case FIFA, FTC or the Delivery Company are considered liable for any damages whatsoever related to the delivery of Tickets, the aggregate liability shall be strictly limited to direct loss and damage only and to the per kilo/Ib limits in this clause 10.2. All other types of loss or damage are excluded (including but not limited to lost profits, income, interest, future business), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought to FIFA, FTC or the Delivery Company’s attention before or after acceptance of the delivery by FIFA and the delivery Company. If the shipment of Tickets combines carriage by air, road or other mode of transport, it shall be deemed to have been carried by air. 

 

FIFA, FTC or the Delivery Company’s liability in respect of any one shipment transported is limited to its actual cash value and shall not exceed:

 

(i)    US $ 25.00/kilogram or US $ 11.34/lb for shipments transported by air or other non-road mode of transportation; or

(ii) US $ 12.00/kilogram or US $ 5.44 /lb for shipments transported by road.

10.3 Claims are limited to one claim per shipment, settlement of which will be full and final settlement for all loss or damage in connection therewith.

 

10.4 Any claims related to delivery of Tickets shall be submitted in writing to the FTC within 25 days after receipt of a notice from the FTC that the package has been dispatched for delivery. Thereafter, FIFA, the FTC and the Delivery Company shall have no liability whatsoever.

 

F)     All capitalized terms not defined herein shall have the meanings attributed to them in the Delivery Terms of Service.

 

G)    All clauses not amended herein shall remain in force and unaltered.

 

In view of all of the above, the Amended and Restated Delivery Terms of Service for General Public Tickets shall have the following wording: 

DELIVERY TERMS OF SERVICE FOR GENERAL PUBLIC TICKETS

 

Deliveries outside Brazil

1. Purpose of these Delivery Terms of Service

 

1.1  These delivery terms of service (“Delivery Terms of Service”) shall apply to, and govern, requests for deliveries, and deliveries of tickets (“Tickets”) to individuals being a resident of Brazil for match(es) (“Matches”) of the 2014 FIFA World Cup Brazil™ (“Competition”) that may be made available by FIFA Ticketing AG, which is a subsidiary of Fédération Internationale de Football Association (collectively, “FIFA”).

1.2 The FIFA Ticketing Centre (“FTC”), which is a trading name for FIFA´s service provider MATCH Services AG, facilitates deliveries for FIFA through a third party, independent, professional delivery company (“Delivery Company”) which will carry the Ticket packages by any means the Delivery Company chooses, including air, road or any other carrier. 

 

1.3 ANYONE WHO PURCHASES A TICKET (“TICKET HOLDER”) AND MAKES A DELIVERY REQUEST TO FIFA; BY MAKING THIS DELIVERY REQUEST TO FIFA AGREES AND ACKNOWLEDGES THAT THERE ARE COSTS TO BE PAID BY THE TICKET HOLDER FOR, AND RISKS RELATED TO, TICKET DELIVERY WHICH THE TICKET HOLDER CAN AVOID BY COLLECTING THE TICKETS AT THE FVTCs (as defined below).

2. Delivery Requests

 

2.1 Unless Ticket delivery has been explicitly requested and accepted by FIFA in compliance with these Delivery Terms of Service, all Tickets allocated by FIFA to a Ticket Holder will be made available for collection in Brazil at the ticketing centres as well as additional ticket collection locations operated by FIFA in all venues of the Competition prior and during the Competition (“FIFA Venue Ticketing Centres”, “FVTCs”) at such time and place as described at www.fifa.com/tickets and in accordance with the Ticket Sales Regulations for the 2014 FIFA World Cup (“Sales Regulations”). 

 

2.2 The individual completing and submitting a request to deliver Tickets must be the same person who, as main Ticket Applicant, submitted the Ticket Application Form to FIFA (both as defined in the Sales Regulations) in relation to the Tickets to be delivered.  Delivery requests can exclusively be submitted through www.FIFA.com/tickets by following the prompts identified, accurately completing all of the information requested, and accepting these Delivery Terms of Service (“Delivery Request”). 

2.3 THE DELIVERY REQUEST MUST BE SUBMITTED TO FIFA BY THE TICKET HOLDER BY NO LATER THAN 30 JANUARY 2014. IRRESPECTIVE OF THE DATE OF RECEIPT OF THE TICKET CONFIRMATION (as defined in the Sales Regulations), ANY DELIVERY REQUEST SUBMITTED TO FIFA LATER THAN 30 JANUARY 2014 WILL AUTOMATICALLY BE REJECTED BY FIFA AND ALL TICKETS ALLOCATED TO THE RESPECTIVE TICKET HOLDER MUST BE COLLECTED AT THE FVTCS.

 

2.4 The Ticket Holder will be solely responsible for the accurate content of the Delivery Request and its submission in a timely, complete, undamaged and unchanged form pursuant to these Delivery Terms of Service. Inaccurate, late, incomplete, changed or damaged Delivery Requests will be rejected by FIFA. Additional notes, requests, attachments, appeals, changes or further alterations to the standard delivery arrangements will not be considered or accepted by FIFA. Any acceptance by FIFA is based on the assumption that all information provided by the Ticket Holder is accurate and correct. In the event that, subsequent to FIFA’s acceptance of the Delivery Request, FIFA detects in the content provided by the Ticket Holder any inaccuracy or deviation from the standard offer, such acceptance shall not be deemed nor construed as FIFA’s acceptance of such inaccuracy or deviation from the standard offer and FIFA may, cancel, at its sole discretion, the Delivery Request pursuant to these Delivery Terms of Service. In such case, Ticket Holder’s Tickets will then be available for collection at FVTCs in accordance with the Sales Regulations.

 

2.5 By submitting the Delivery Request, subject to the cancellation right pursuant to Clause 9 below, the Ticket Holder agrees that the delivery of Tickets will be subject to these Delivery Terms of Service and such standard, general terms and conditions as applied by the Delivery Company for the provision of its services to the Ticket Holder (“Delivery Company Terms”).

 

2.6 Ticket Holders must elect Ticket delivery to an address outside of Brazil. THE TICKET HOLDER AGREES AND ACKNOWLEDGES THAT SOME COUNTRIES AND/OR SPECIFIC LOCATIONS MAY NOT BE COVERED BY THE DELIVERY COMPANY. FIFA will notify the countries and/or specific areas to which the Delivery Company will not service from time to time through customer communications to the affected Ticket Holders and via FIFA.com/tickets.

2.7 By completing and submitting the Delivery Request, the Ticket Holder irrevocably agrees, acknowledges, and undertakes to fully comply with these Delivery Terms of Service. In any case of a breach of these Delivery Terms of Service by the Ticket Holder, in addition to the rights specifically reserved under these Delivery Terms of Service, FIFA may, cancel the Delivery Request in accordance with Clause 9 below. 

 

2.8 IN THE EVENT THAT THE TICKET HOLDER PURCHASES ADDITIONAL TICKETS AFTER 30 JANUARY 2014, THOSE ADDITIONAL TICKETS WILL NOT BE INCLUDED IN THE TICKET DELIVERY AND THE TICKET HOLDER WILL HAVE TO COLLECT ANY THOSE ADDITIONAL TICKETS AT THE FVTC. 

 

2.9 NEITHER COMPLETION NOR SUBMISSION OF THE DELIVERY REQUEST BY THE TICKET HOLDER, NOR FIFA’S ACKNOWLEDGEMENT OF RECEIPT OF THE DELIVERY REQUEST GUARANTEES THE ACCEPTANCE OF THE DELIVERY REQUEST AND THE SERVICING OF THE DELIVERY COMPANY TO THE ADDRESS INDICATED BY THE TICKET HOLDER. 

3. Acceptance by FIFA

 

3.1 If Delivery Services are available in accordance with these Delivery Terms of Service, the Ticket Holder will be provided with a confirmation of the Delivery Request by e-mail, post, SMS, fax, personal delivery or otherwise (“Delivery Confirmation”), which may or may not be separate from any Ticket purchase confirmation pursuant to the Sales Regulations. The Delivery Confirmation will specify the Tickets to be delivered to the address indicated in the Delivery Request.  

3.2 Any acceptance of a Delivery Request by FIFA remains subject to payment in full of the Delivery Fee (as defined in Clause 6.1 below) and is based on the assumption that delivery is possible for all Tickets being subject to the Delivery Request and in accordance with these Delivery Terms of Service.  In the event that, subsequent to FIFA’s acceptance of the Delivery Request, FIFA detects that delivery is not possible for whatever reason, FIFA may, fully or partially, cancel, at its sole discretion, the Delivery Request pursuant to these Delivery Terms of Service, and in such case, Ticket Holder’s Tickets will then be available for collection at FVTCs in accordance with the Sales Regulations.

 

3.3 FIFA must reserve the right to reject the Delivery Request and not to provide the delivery services to, any country and/or specific location, or to provide alternate service arrangements or to intercept, hold or return any shipment when, among other reasons, the Delivery Company in its sole discretion, determines that it is unsafe or economically or operationally impracticable to provide service or its services are being used in violation of applicable laws or for fraudulent purposes. IF A TICKET HOLDER WISHES THE DELIVERY FOR A COUNTRY OR SPECIFIC LOCATIONS WHERE IT IS UNCERTAIN THAT THE MAIN COURIER COMPANIES HAVE SERVICE, SUCH TICKET HOLDER SHOULD WAIT UNTIL THE DELIVERY COMPANY TERMS ARE MADE AVAILABLE BEFORE SUBMITTING HIS/HER THE DELIVERY REQUEST. FIFA will notify the countries and specific locations to which the Delivery Company will not service at a later date to the affected Ticket Holders and via FIFA.com/tickets.

3.4 In accordance with the Sales Regulations, Ticket delivery is not admitted for:

 

(i)       Tickets allocated to Brazilian resident Ticket Holders benefiting from a discount pursuant to Law No. 12.663/2012 (General World Cup Law), as these Ticket Holders have to evidence the fulfilment of the Personal Condition as contemplated by Clause 11.2 of the Sales Regulations;

 

(ii)     Tickets allocated to Disabled Persons (as defined in the Sales Regulations), who are also required to provide proof of eligibility;

 

(iii)   Ticket purchases which contain Tickets which are discounted for Brazilian residents or are allocated for Disabled Persons as identified above in items (i) and (ii) above; 

(iv)   Tickets purchased in the last minute sales phase, or in the second First Come First Served Sales Phase including without limitation any tickets purchased after 30 January 2014;

(v)     Team Series Tickets (as defined in the Sales Regulations) which include any of the round of 16 matches, quarter-finals matches, semi-final matches and the final match; and

(vi)   Tickets for which delivery may not be possible in time due to operational and/or Stadium-related reasons (and in such cases, FIFA will arrange for the refund of the applicable delivery fee).

 

In all such cases, it will be the Ticket Holder’s sole responsibility to collect the Tickets at the FVTC prior to the applicable Matches.

 

4. Change of the Delivery Request by Ticket Holder

4.1 The Ticket Holder is entitled to change the address requested in a Delivery Request, regardless of whether or not the Ticket Holder has received the Delivery Confirmation by such time, provided ALL of the following conditions are be met: 

 

(i)                The change request must be received by FIFA prior to 30 January 2014;

(ii)              The Ticket Holder himself/herself, and not any of his/her guests, requests the change;

(iii)            Change of the Delivery Request address must be made online through the main Ticket Applicant’s (as defined in the Sales Regulations) ticketing account on www.FIFA.com/tickets or by contacting in writing the FTC in case of Tickets purchased through a downloadable Ticket Application Form. FOR THE AVOIDANCE OF ANY DOUBT, CHANGES OF THE DELIVERY REQUEST CANNOT BE MADE AT ANY FVTC OR BY ANY ALTERNATIVE MEANS;

(iv)            Change of the Delivery Request will apply to all Tickets purchased by the Ticket Holder prior to 30 January 2014 (all subsequently purchased Tickets must be collected at the FVTCs); and

 

(v)              The change cannot include a delivery address inside of Brazil.

 

4.2 The Ticket Holder will be solely responsible to ensure that he/she submitted correct address information.  If the Delivery Company is unable to deliver any Tickets because of an incorrect address, neither FIFA nor the FTC shall be responsible for the failure to deliver the Tickets to the Ticket Holder. 

 

5. Delivery Operations

5.1 For security reasons, Tickets will not be delivered prior to 1 April 2014. The Ticket Holder will be notified by FIFA at a later stage of the time when the Delivery Company commences the delivery/transit process for Tickets in relation to the Competition.  The Ticker Holder agrees and acknowledges that neither FIFA, nor the FTC, nor the Delivery Company can schedule or guarantee a specific delivery time or date.

 

6. Delivery Price; Taxes; Fees; Currency; Delivery Fees 

6.1 By making the Delivery Request to FIFA, the Ticket Holder agrees to pay a fee charged by FIFA for the delivery of Tickets, which consists of the cost of shipment and administration costs associated with the service as well as all applicable taxes in Brazil (“Delivery Fee”) as communicated on www.fifa.com/tickets. The Delivery Fee does not include any customs duties, tariffs or other costs of other jurisdictions, if any.  The Ticket Holder agrees and acknowledges that any such customs, duties, tariffs and other costs will be the Ticket Holder’s sole responsibility and will need to be borne by the Ticket Holder in addition to the Delivery Fee.

 

In order to be able to provide delivery service to all ticket holders of the Competition and considering the scope of the Competition, the number of customers to be served in a short time and the administrative work related to allow provide such services, FIFA has set one average price in US Dollars for all deliveries outside of Brazil, regardless of the location of the delivery address and the number of Tickets contained in the Ticket package.  By submission of the Delivery Request, the Ticket Holder irrevocably accepts the pricing structure adopted by FIFA, and acknowledges that, to avoid the payment of the Delivery Fee, the Ticket Applicant can elect to collect Tickets at FVTCs in Brazil, free of any charge. 

 

6.2 The Delivery Fee will be payable by the Ticket Holder and will be charged from the Ticket Holder in US Dollars. In any and all Ticket transactions in other currencies, which need to be converted into US Dollars, currency exchanges will be determined by the Ticket Holder’s payment card company during the billing process. Further information on applicable currency exchange rates may be obtained from the Ticket Holder’s payment card company.  In case of wire transfers, the currency exchange rate will be based upon the exchange rate offered by the bank where the Ticket Holder requests the wire transfer, as determined on the date that the wire transfer is requested by the Ticket Holder.

 

6.3 The Delivery Company may perform the following activities on behalf of FIFA, the FTC and/or the Ticket Holder in order to provide delivery services: (a) complete any documents, amend product or service codes on package manifests, and pay any duties or taxes required under applicable laws and regulations (to be reimbursed by the Ticket Holder) and (b) act as FIFA’s, the FTC’s and/or the Ticket Holder’s forwarding agent for customs and export control purposes and as a receiver solely for the purpose of designating a customs broker to perform clearance and entry, and (c) redirect the Ticket package to the Ticket Holder’s import broker or other address upon request by the FTC.

7. Payment Process

7.1 FIFA will accept such means of payment as indicated in the Delivery Request process available to the Ticket Holder at www.FIFA.com/tickets.

 

7.2 If the Ticket Holder choses to pay by payment card, the nominated payment card to purchase Tickets must be registered in the name of the Ticket Holder. Any Delivery Request nominating a payment card not registered in the name of the Ticket Holder shall be rejected by FIFA. Any acceptance by FIFA is based on the assumption that the payment card used is registered in the name of the Ticket Holder.  In the event that, subsequent to FIFA’s acceptance of the Ticket Holder’s Delivery Request, FIFA detects the use of a payment card not registered in the name of the Ticket Holder, such acceptance shall not be deemed or construed as FIFA’s acceptance of such violation of these Delivery Terms of Service and FIFA shall cancel the Delivery Confirmation pursuant to these Delivery Terms of Service.

 

If FIFA is not able to charge the nominated payment card, the Delivery Request will be automatically rejected.

7.3 intentionally omitted

 

7.4 FULL AND TIMELY PAYMENT OF THE DELIVERY FEE IS OF ESSENCE AND A MATERIAL OBLIGATION OF THE TICKET HOLDER. If FIFA only receives partial payment from the Ticket Holder, or the payment is not received on time, the Delivery Request may be cancelled or rejected by FIFA or delayed. Any acceptance by FIFA is based on the assumption that payment of the Delivery Fee was received in a timely and full manner.  In the event that, subsequent to FIFA’s acceptance of the Ticket Holder’s Delivery Request, FIFA detects partial or delayed payment, such acceptance shall not be deemed or construed as FIFA’s acceptance of such violation of these Delivery Terms of Service.

 

Any and all bank or other charges incurred as a result of the payment with a payment card or currency conversion will be the sole responsibility of the Ticket Holder.

 

7.5 No additional period of time to cure the full or partial non-payment will be granted to the Ticket Holder by FIFA.

7.6 Should the Ticket Holder be entitled to a refund pursuant to these Delivery Terms of Service FIFA will refund the payment received from the Ticket Holder for the delivery. Such refund shall be limited to the amounts received by FIFA for the delivery. No interests and further costs or expenses shall be compensated by FIFA to the Ticket Holder as part of, or in addition to, any refund for any reason. Only the Ticket Holder named in the Delivery Request will be entitled to any refund. Bank or other charges incurred as a result of the payment or currency conversion rates may reduce the amount of the refund to the Ticket Holder.  If a refund has not been received by the Ticket Holder within thirty (30) days of the request in accordance with these Delivery Terms of Service, it is the Ticket Holder’s responsibility to contact the FTC in writing with a notice of the delay, and to confirm that the FTC has all of the required bank and other details required to process the refund.

8. Personal Data

 

8.1 The Ticket Holder will ensure that the personal data initially required to be provided by the Ticket Holder as set forth in the Delivery Request is up-to-date at all times until the Tickets are delivered.

 

8.2 The Ticket Holder acknowledges and agrees that the personal data provided to FIFA pursuant to these Delivery Terms of Service will, subject to applicable laws, be used, processed, stored and transferred to third parties designated by FIFA (located both within and outside of Brazil) for purposes relating to (i) Ticket delivery procedures, (ii) any relevant safety and security measures, and (iii) rights protection measures in connection with the Competition.

 

9.  Cancellation and Revocation

Cancellation of Delivery Request by the Ticket Holder

 

9.1 The Ticket Holder is entitled to cancel the Delivery Request, and request collection of all Tickets allocated to the Ticket Holder at the FVTCs pursuant to the Sales Regulations, within seven (7) days following the receipt by email of these Amended and Restated Delivery Terms and Conditions by the Ticket Holder. In the event of a cancellation of the Delivery Request pursuant to this Clause 9.1, FIFA will fully refund the payment received from the Ticket Holder for the delivery of Tickets. Such cancellation of a Delivery Request does not entitle the Ticket Holder to any further compensation or any further claim against FIFA, the FTC or the Delivery Company.

 

9.2 intentionally omitted

 

9.3  In addition to the cancellation rights set forth under Clause 9.1 above, in order to enable the Ticket Holder’s to collect the Tickets at the FVTCs pursuant to the Sales Regulations if necessary, regardless of whether or not the Ticket Holder has received the Delivery Confirmation by such time, the Ticket Holder is entitled to cancel the Delivery Request and request collection of all Tickets allocated to the Ticket Holder at the FVTCs pursuant to the Sales Regulations, provided ALL of the following conditions are met: 

 

(i)    The cancellation request must be made prior to the date on which the Delivery Company commences the delivery/transit process for Tickets in relation to the Competition as notified to the Ticket Holder pursuant to Clause 5.1 above;

 

(ii)  The Ticket Holder himself/herself, and not any of his/her guests, requests the cancellation; and

 

(iii)            Cancellation of the Delivery Request is made online through the Ticket Holder’s online account or by contacting in writing the FTC in case of Tickets purchased through a downloadable Ticket Application Form. IN PARTICULAR, NO CANCELLATION REQUEST CAN BE MADE AT ANY FVTC, NOR CAN TICKETS WHICH THE TICKET HOLDER HAS ELECTED TO HAVE DELIVERED, BE PRINTED AT A FVTC, UNLESS DETERMINED OTHERWISE BY FIFA.

 

Due to the significant administrative and operational costs of the delivery operation in proportion to the price of the deliveries and the significant operational steps becoming necessary due to the cancellation of the Delivery Request to enable the Ticket Holder to collect his/her Tickets at the FVTCs pursuant to the Sales Regulations, in case of a cancellation pursuant to this Clause 9.3, unless the cancellation right is exercised before expiration of the cancellation rights pursuant to Clause 9.1, the Ticket Holder agrees and acknowledges that he/she is NOT entitled to receive a refund of the Delivery Fee or to any further compensation or any further claim against FIFA, the FTC or the Delivery Company. 

 

Revocation of Delivery Confirmation by FIFA

 

9.4 In the event, that subsequent to the provision of the Delivery Confirmation, FIFA detects that the Delivery Company does not offer services to the address indicated by the Ticket Holder in the Delivery Request or delivery of the Tickets to the Ticket Holder is not possible due to whatsoever reason, FIFA may, revoke, at its sole discretion, the Delivery Confirmation by written or e-mail notification to the Ticket Holder until 23 April 2014. In the event of a revocation of the Delivery Confirmation pursuant to this Clause 9.4, FIFA will fully refund the payment received from the Ticket Holder for the delivery of Tickets in accordance with Clause 7.6 above. Such cancellation of a Delivery Request does not entitle the Ticket Holder to any further compensation or any further claim against FIFA, the FTC or the Delivery Company.

 

Consequences of Cancellation and Revocation

9.5 The cancellation of the Delivery Request by the Ticket Holder or the revocation of the Delivery Confirmation by FIFA do not affect the purchase of Tickets by the Ticket Holder or the allocation of Tickets to the Ticket Holder and in such case, Ticket Holder’s Tickets will be available for collection at FVTCs in accordance with the Sales Regulations. In such case, it will be the Ticket Holder’s sole responsibility to collect the Tickets at the FVTC prior to the applicable Matches.

 

10. Limitation of Liability

 

10.1 NEITHER FIFA NOR FTC NOR THE DELIVERY COMPANY SHALL BE HELD LIABLE FOR ANY:

 

(i)               DELIVERY FAILURES OR DELAYS CAUSED BY INCORRECT ADDRESS INFORMATION OR INCORRECT DATA PROVIDED BY THE TICKET HOLDER. If the Delivery Company is unable to deliver any Ticket package because of an incorrect address, the Delivery Company will use reasonable efforts to secure the correct address, but neither FIFA,  the FTC nor the Delivery Company accept any liability for the delivery of the Tickets under that circumstance

(ii)            INCORRECT OR INCOMPLETE COLLECTION, INPUTTING, TRANSFER OR HANDLING OF DATA AND FURTHER INFORMATION OR MANAGEMENT THEREOF, INCLUDING FOR ANY LOST, INCORRECT OR INCOMPLETE DELIVERY REQUESTS;

(iii)          TECHNICAL MALFUNCTIONS, SUCH AS ANY FAILURE OF COMPUTER HARDWARE OR SOFTWARE OR ANY INTERNET OR PRINTING MALFUNCTIONS;

(iv)          FAILURE TO COMMUNICATE WITH ANY TICKET HOLDER BY E-MAIL, POST, SMS, FAX OR OTHERWISE, INCLUDING THE FAILURE TO DELIVER, OR DELAYED DELIVERY OF, THE DELIVERY CONFIRMATION VIA THE TICKET HOLDERS’ EMAIL, PHONE OR THROUGH ANY OTHER SERVICE PROVIDERS;

 

(v)             DELAY, OR FULL OR PARTIAL FAILURE, TO MAKE PAYMENT TO, OR RECEIVE PAYMENT FROM, FIFA BY THE TICKET HOLDER PURSUANT TO THESE DELIVERY TERMS OF SERVICE FOR WHATSOEVER REASON;

 

(vi)          DELAY IN THE DELIVERY OF TICKETS;

(vii)        INTERRUPTION OF DELIVERY SERVICE, LOSSES OR DAMAGES DUE TO A CAUSE BEYOND THEIR CONTROL, INCLUDING BUT NOT LIMITED TO THE ABSENCE OF A PERSON OR THE REFUSAL OF A PERSON ACCEPTING DELIVERY OF THE SHIPMENT, THEFT, LOSS OR DAMAGE TO PACKAGES IN TRANSIT, ELECTRICAL OR MAGNETIC DAMAGE TO, OR ERASURE OF, ELECTRONIC IMAGES, DATA OR RECORDINGS, ACTION OF THE PUBLIC AUTHORITIES WITH REAL OR APPARENT AUTHORITY OVER FACILITIES OR SERVICES, ACTION OR OMISSIONS OF THE CUSTOMS AUTHORITIES OR OTHER SIMILAR AUTHORITIES OR ANY THIRD PARTY NOT CONTRACTED OR EMPLOYED BY FIFA, FTC OR DELIVERY COMPANY, RIOTS, STRIKES, OR OTHER LABOR DISPUTES, PUBLIC DISTURBANCES, FACTORS THAT DISRUPT AIR AND GROUND TRANSPORTAITON SYSTEMS SUCH AS WEATHER CONDITIONS OR NATURAL DISASTERS, AN ACT OF GOD OR ANY OTHER SIMILAR FACTOR INCLUDED IN THE DEFINITION OF FORCE MAJEURE IN THE 2014 FIFA WORLD CUP GENERAL TERMS AND CONDITIONS RELATING TO THE USE OF TICKETS.

 

TO AVOID SUCH RISKS IN TICKET TRANSIT, THE TICKET HOLDER CAN SELECT TO COLLECT TICKETS AT THE FVTCS IN BRAZIL.

10.2 Notwithstanding the foregoing, in case FIFA, FTC or the Delivery Company are considered liable for any damages whatsoever related to the delivery of tickets, the aggregate liability shall be strictly limited to direct loss and damage only and to the per kilo/Ib limits in this clause 10.2. All other types of loss or damage are excluded (including but not limited to lost profits, income, interest, future business), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought to FIFA, FTC or the Delivery Company’s attention before or after acceptance of the delivery by FIFA and the delivery Company. If the shipment of Tickets combines carriage by air, road or other mode of transport, it shall be deemed to have been carried by air. 

FIFA, FTC or the Delivery Company’s liability in respect of any one shipment transported is limited to its actual cash value and shall not exceed:

 

(i)   R$ 50.00/kilogram or R$ 22.68/lb for shipments transported by air or other non-road mode of transportation; or

(ii)R$ 24.00/kilogram or R$ 10.88 /lb for shipments transported by road.

 

10.3 Claims are limited to one claim per shipment, settlement of which will be full and final settlement for all loss or damage in connection therewith.

 

10.4 Any claims related to delivery of Tickets shall be submitted in writing to the FTC within 25 days after receipt of a notice from the FTC that the package has been dispatched for delivery. Thereafter, FIFA, the FTC and the Delivery Company shall have no liability whatsoever.

11. Contact Information

Any information requests relating to Tickets, these Delivery Terms of Service, the Delivery Request and/or the Delivery Confirmation should be addressed to FIFA through the FTC. The address of the FTC will be made available at. www.fifa.com/tickets, in the Delivery Confirmation and further Ticket sales materials which FIFA may choose to publish.

 

12. Miscellaneous

12.1 Should any provision(s) of these Delivery Terms of Service and/or the Delivery Confirmation be declared void, ineffective or unenforceable by any competent court, the remainder of these Delivery Terms of Service and/or the Delivery Confirmation will remain in effect as if such void, ineffective or unenforceable provision(s) had not been contained.

 

12.2 These Delivery Terms of Service and the Delivery Confirmation have been drafted in Portuguese and been translated in other languages. In the event of any discrepancy between the Portuguese and translated texts, the Portuguese text will always prevail and will always be used to solve doubts of interpretation and application.  

 

12.3 To ensure continuity of application and clarity, to the extent allowed by applicable laws, these Delivery Terms of Service and the Delivery Confirmation will be governed exclusively by, and interpreted in accordance with, the laws of The Federal Republic of Brazil. If the shipment is transported by air, the Montreal Convention or the Warsaw Convention, as applicable, governs.  The Convention for the International Carriage of Goods by Road may apply.  These conventions limit liability.

 

12.4 To the fullest extent allowed by applicable laws, for all disputes regarding and in connection with any rights and obligations deriving from these Delivery Terms of Service and the Delivery Confirmation, the parties will seek to resolve such dispute amicably. If FIFA and the Ticket Holder, or its successor, fail to reach such amicable solution, to the extent allowed by applicable laws the exclusive place of jurisdiction shall be Rio de Janeiro, Brazil. Irrespective hereof and subject to applicable laws, FIFA reserves the right to bring any legal action in relation to these Delivery Terms of Service and the Delivery Confirmation in the local court of the domicile or residence of the Ticket Holder. 

 

12.5 These Delivery Terms of Service are: (i) made available to all Ticket Holders at www.fifa.com/tickets; and (ii) provided to any person upon request at the contact address set out in Clause 11 above.