Lord's MCC Terms and Conditions
These terms and conditions, and the Booking Confirmation (which is usually sent by email), form the agreement between the Customer, and MCC for the provision of a Hospitality Package.
Any terms defined in the Booking Confirmation and used in these terms and conditions shall have the meanings attributed to them in the Booking Confirmation. References to the masculine shall include to the feminine, neuter and vice versa.
Notwithstanding anything to the contrary contained in these terms and conditions, unless and until otherwise advised in writing by MCC or Compass Contract Services Limited t/a Keith Prowse ("KP"), KP shall be entitled to collect all moneys due under this agreement and shall be responsible for the administration of the bookings with the Customer in respect of the Hospitality Packages on behalf of MCC.
1. Booking Confirmation
1.1 When the Customer places a booking, simultaneously, the Customer must indicate its willingness to accept these terms and conditions by clicking the "Acceptance of Terms and Conditions" button.
1.2 A deposit of forty per cent (40%) ("the Deposit") of the total package price is required to secure the Customer's booking and is, subject to Clause 3.1, non-refundable.
1.3 The Customer acknowledges that the availability of a Hospitality Package cannot be guaranteed and a booking will be subject to availability at the time the booking and the Deposit is received by MCC.
A booking shall only be considered confirmed and this contract shall only become effective upon the issue by MCC of a "Booking Confirmation" form. MCC (at its discretion) may issue the Booking Confirmation by email, post or facsimile.
2. Payment Terms
2.1 Subject to Clause 2.2 below the balance of the total Hospitality Package price ("Total Price") (including any VAT due) must be paid at least twelve (12) weeks prior to the Match Date.
2.2 If the booking is made within twelve (12) weeks of the Match Date, the Total Price (including VAT) must be paid by credit card or debit card at the time of booking.
2.3 MCC reserves the right not to release documents, passes or Hospitality Tickets unless payment has been received in full.
2.4 All prices are exclusive of VAT (unless otherwise stated) which is payable in addition by the Customer.
3. Cancellations by the Customer
3.1 The Customer must notify MCC in writing if he wishes to cancel his booking of the Hospitality Package and the Customer shall compensate MCC for any direct damage or loss suffered by it as a result of the cancellation. MCC shall use its reasonable endeavours to obtain a suitable replacement customer but, where it cannot do so, reserves the right to charge the following cancellation fees:
Cancellation Notice Fee
Cancellation more than twelve (12) 40% of the Total Price weeks before the Match Date
Cancellation less than twelve (12) weeks 100 % of the Total Price before the Match Date
3.2 In the event that the cancelled Hospitality Package is re-sold, MCC shall be entitled to retain a handling fee of ten per cent (10%) of the Total Price and the balance shall be refunded to the Customer.
4. Tickets and Passes
4.1 Subject to payment of the Total Price having been received by MCC, MCC shall send to the Customer at least two (2) weeks prior to the Match a Hospitality Ticket for each Guest, in accordance with the details as notified by the Customer (or shall retain such Hospitality Tickets for collection at Lord's Cricket Ground ("Lord's") on the Match Date, if requested).
4.2 The Customer shall be responsible for distributing the Hospitality Tickets to the Guests. No person will be admitted to the Hospitality Facility without a valid Hospitality Ticket. No liability is accepted by MCC in the event that a Guest is denied entry to the Hospitality Facility or any other part of Lord's as a result of the Customer's or any Guest's failure to comply with this Agreement.
4.3 The Customer shall be responsible for the acts and omissions of himself and his Guests while at Lord's and shall ensure that his Guests comply with the Hospitality Rules and Regulations at all times.
4.4 The Customer agrees to provide MCC with a dietary requirements list, including details of any food allergies, the name and contact number of the Customer's nominated "Host", the names of the Customer's Guests, and any other relevant information at least two (2) weeks prior to the Match Date.
4.5 MCC will pass on details of any dietary requirements to its caterer. However, MCC does not guarantee that any of the food or drink products served at Lord's are free from nuts, wheat, lactose or any other allergens.
4.6 The Customer acknowledges that MCC cannot guarantee:
(a) whether the Match or any play will take place on the Match Date;
(b) the length of play of the Match; or
(c) the identity of the players who will appear in the Match.
5. Cancellation on the Day and Alternative Arrangements
5.1 The Customer acknowledges that:
(a) the commencement and/or duration of any cricket played on the Match Date is dependent upon the weather and other factors that are outside the control of MCC; but
(b) the hospitality facilities at Lord's are not dependent upon the weather on the Match Date and, subject to Clause 5.3, will be available for use irrespective of whether a Match is interrupted, suspended or cancelled.
5.2 The Customer agrees that the liability of MCC relating to the cancellation or suspension of play of a Match shall be limited to a refund in respect of the Match ticket element of the Hospitality Package as further detailed in the Hospitality Rules and Regulations. The hospitality element of the Hospitality Package shall continue to be available to the Customer and the Guests for the day on which the Hospitality Package has been ordered and no refund shall be given in respect of it.
5.3 In the event that MCC is obliged to make any material change to the Hospitality Facility to be provided at Lord's or cancel them for any reason, MCC will use its reasonable endeavours to ensure that alternative arrangements are offered which are of at least equal or a superior standard.
5.4 For the purpose of this clause, factors outside of MCC's control shall include any event which MCC could not, even with all due care, foresee or avoid including (without limitation) war and threat of war, civil strife, terrorist activity, natural or nuclear disaster, fire, industrial dispute, epidemic, pestilence or adverse weather.
6. Liability
6.1 Subject to Clause 6.4, MCC shall not be liable to the Customer in contract, tort (including negligence) or otherwise arising out of or in connection with this Agreement for (i) any loss of revenues, loss of profits, loss of business or anticipated savings, loss of goodwill and/or reputation or loss arising out of business interruption (whether such losses are direct or indirect) or (ii) any indirect or consequential loss or damage.
6.2 Subject to Clause 6.4, MCC shall not be liable for:
(a) any injury whatsoever to the Customer or his Guests, nor for any loss or damage to or theft of their property howsoever such injury, loss or damage may be caused; or
(b) any damage, loss, delay or expense incurred by the Customer owing to any event beyond MCC's control as defined in Clause 5.4. MCC's total liability if such an event arises shall be to use reasonable endeavours to make alternative arrangements, including holding the Match (if applicable) at the next best alternative date or providing alternative hospitality facilities at Lord's pursuant to Clause 5.3.
6.3 The Customer shall be responsible and reimburse MCC for any loss, damage, costs and expenses (including, without limitation, loss of profits), that the Customer or his Guests cause, whether within the Hospitality Facility or elsewhere within Lord's. In the event that the Customer causes such damage or loss, MCC shall be entitled to invoice the Customer and the Customer shall pay such invoice immediately.
6.4 Nothing within this Agreement shall limit or exclude either party's liability for death or personal injury caused by its negligence or for any loss, damage, costs and expenses caused by an act of fraud or which may not lawfully be excluded.
7. General
7.1 These terms and conditions, the Booking Confirmation and the Hospitality Rules and Regulations shall be incorporated into the Agreement between MCC and the Customer.
7.2 The Customer shall not assign, transfer or sell the Hospitality Package or tickets to any third party.
7.3 This Agreement (and any documents referred to in these Terms and Conditions) sets out the entire agreement and understanding between the parties in respect of the subject matter of this Agreement. The Customer acknowledges that he has entered into this Agreement in reliance only upon the representations, warranties and promises specifically contained or incorporated in this Agreement and, save as expressly set out in this Agreement, MCC shall have no liability in respect of any representation, warranty or promise made prior to the date of this Agreement unless such representative, warranty or promise was made fraudulently.
7.4 Any notice required to be given under this Agreement shall be in writing and shall be delivered personally, be left at, or sent by pre-paid first class post, or facsimile to MCC's Hospitality Manager's Office details of which are given in the Booking Confirmation.
7.5 No purported variation of this Agreement shall be effective unless it is in writing and signed by or on behalf of each of the parties.
7.6 No failure or delay by MCC to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that (or any other) remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise or that (or any other) right or remedy.
7.7 No term of this Agreement is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
7.8 This Agreement shall be governed by the laws of England and Wales and each of the parties irrevocably submits to the exclusive jurisdiction of the Courts of England and Wales.