These terms and conditions (“Terms and Conditions”) set out the terms on which we supply tickets for the Brodies Tennis Invitational 2019 event hosted and promoted by Brodies LLP at Gleneagles to you.
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide tickets to you, how you and we may change or end the contract, what to do if there is a problem with the event and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
You will need to click the box marked ‘Accept’ in the course of your purchase of Tickets to confirm your acceptance of these terms. If you don’t accept these terms, you will not be able to order any Tickets from our website www.brodies.com/legal-statement.
Should you wish to or need to contact us about any aspect of these Terms and Conditions please do so by completing the form which can be found at http://www.brodiesinvitational.com/get-in-touch/.
If you need to speak to Us about the non-receipt of Tickets then please contact Dawn Stanley, Events & Sponsorship Manager, at email@example.com making clear in the subject line the nature of your query or contact her by telephone on 0131 656 3794.
In these terms and conditions the following words and phrases shall have the following meanings:
1. “Event” means the Brodies Tennis Invitational 2019 to be played during the Event Period in the Event Venue;
2. “Event Period” means 13 June 2019 to 15 June 2019 inclusive;
3. “Event Venue” means the tennis court, temporary seating and ancillary facilities at Gleneagles Arena., The Gleneagles Hotel, Auchterarder, Perth shire, Scotland PH3 1NF;
4. “Event Session(s)” means each of the (2) day sessions (being the total number of sessions in the Event);
5. “Ticket” means an e-ticket issued by Us (or on our behalf) for an Event Session;
6. “Us” means Brodies LLP, being a limited liability partnership (incorporation no: SO300334) incorporated under the Limited Liability Partnership Act 2000 and having its registered office at 15 Atholl Crescent, Edinburgh EH3 8HA, Scotland, UK. The terms “our” and “we” shall be interpreted accordingly;
7. “Venue Managers” means the owners or operators of the Event Venue and/or their authorised representatives from time to time;
8. “you” the purchaser or acquirer of a Ticket for an Event Session, and “your” shall be interpreted accordingly.
Part 1 – Purchasing Tickets
1. Tickets 1.1 Tickets are sold through this website https://www.brodiesinvitational.com/, which is operated by us, subject to availability and to these Terms and Conditions.
1.2 These Terms and Conditions should be read carefully prior to purchase and if you have any queries relating to the Terms and Conditions or the purchase of Tickets then please contact Us prior to purchase, as your purchase of Tickets constitutes acceptance of these Terms and Conditions.
1.3 All Tickets will be issued as e-tickets. You must print off your e-ticket and bring it with you. A valid Ticket must be shown to enable access to the Event.
1.4 Tickets are for your use and any person intending to accompany you. They are non-transferable and must not be sold, transferred or advertised for sale.
1.5 Please check, notify and confirm any access requirements which you may have in relation to the Event Venue prior to purchasing your Ticket. We do not guarantee that we can or will accommodate any or all requirements although, where reasonable we will seek to do so.
1.6 You acknowledge and agree that removing any part of, altering or defacing the Ticket may invalidate your Ticket.
1.7 It is your responsibility to check your Tickets on receipt as if you have made a mistake in ordering or otherwise it cannot always be rectified later. Please check your Tickets on receipt carefully and contact us immediately if there is a mistake. We will not be responsible for any Ticket that is lost, stolen or destroyed.
1.8 We will only accept responsibility for Tickets bought direct from Us.
1.9 Ownership or possession of a Ticket does not confer any rights (by implication or otherwise) on you to use, alter, copy or otherwise deal with any of the symbols, trademarks, logos and/or intellectual property appearing on the Ticket.
1.10 You can purchase a maximum of ten (10) tickets. If you wish to purchase more than ten (10) tickets, please contact Dawn Stanley, Events & Sponsorship Manager, at firstname.lastname@example.org You acknowledge and agree that we reserve the right to cancel Tickets purchased in excess of any advised maximum number which we have not agreed in writing in advance with you.
1.11 Any ticket purchased with a promotion or offer for a “children’s” ticket means that such ticket can be used for any person under the age of 16 on the date of the Event (proof of age will be requested at ticket collection on entry).
2. Price and Payment for Tickets 2.1 Tickets will be made available for sale and issued at different prices depending on the area, seating and benefits attaching to that Ticket.
2.2 The price of each Ticket shall be made clear during the booking process duties and may vary subject to availability and the demand for each Event Session.
2.3 The price will be set at the time We accept your order for Tickets and all prices shall be inclusive of any applicable taxes. Credit and debit card fees may also be charged per ticket on certain Tickets but you will be advised of this as part of the booking process.
2.4 No order for Tickets will be accepted until We have received full payment from you. After you have placed an order and we are in receipt of full payment, you will receive an email from us acknowledging that we have received your order and confirming whether or not we can accept that order.
2.5 The contract between us for the purchase of your Tickets in accordance with these Terms and Conditions (Contract) will be formed when we send you an acknowledgement email which confirms our acceptance of your offer to purchase the Tickets.
2.7 We accept the following cards: Visa Credit, Visa Debit, Visa CPC, MasterCard, MasterCard Debit, MasterCard One Card and Electron, Maestro, JCB and Amex.
2.8 Please note that the Contract will relate only to those Tickets indicated in the acknowledgement email. We will not be obliged to supply any other Tickets which may have been part of your order until acceptance of your order for those tickets has been confirmed in a separate acknowledgement email.
3. Delivery of Tickets 3.1 Tickets will only be delivered to the email address provided by you at the time that the Ticket(s) are purchased.
3.2 If you have not received your Ticket(s) from Us at least seventy-two (72) hours prior to commencement of the Event Period, please contact Us using the details set out at clause 13 below.
Part 2 – Conditions of Admission to the Event
1. Conditions of Admission to the Event
Health and Safety
1.1 We and the Venue Managers reserve the right to refuse admission to the Event Venue in reasonable circumstances including for health and safety and/or licensing reasons or where we deem (acting reasonably) that a Ticket is void.
1.2 We and the Venue Managers also reserve the right to request that Ticket holders vacate the Event Venue at any time which we deem reasonable or as required in the circumstances and you acknowledge and agree that we and the Venue Managers may take any appropriate action to enforce this right.
1.3 By way of example (which is not an exhaustive list), we and/or the Venue Managers (and our respective representatives) may seek to remove a Ticket holder who: (a) in our opinion or that of the Venue Managers (in each case acting reasonably) is acting under the influence of alcohol or drugs; (b) fails, when requested, to produce proof of identity or age where required for the purposes of compliance with law or other reasonable request; (c) has behaved or is behaving in the Event Venue in a manner which, in our reasonable opinion has, or is likely to affect the enjoyment of other attendees at the Event; or (d) uses threatening, abusive or insulting words or displays threatening, abusive or insulting behaviour or in any way provokes or behaves in a manner which may provoke a breach of the peace.
1.4 You acknowledge and agree that you will comply with instructions and directions given by Event Venue staff, stewards and security and acknowledge that no refunds will be given to Ticket holders who are refused entry or removed from the Event Venue as a result of breach of clause 5.3 of Terms and Conditions or for reasons analogous to those listed in that clause.
1.5 Children (ages 2 years to 15 years inclusive) shall require their own Ticket. Babes in arms (children under two 2 years old) shall not be admitted to the Event as the Event is not deemed appropriate for children under 2 years old. Children must be supervised at all times and supervision of children shall be by not less than 1 adult per 3 children. We and/or the Venue Managers reserve the right to ask parents / supervisors to remove children from the Event Venue if, in our opinion or that of the Venue Managers, they are causing a disturbance. You acknowledge that Children may be restricted from accessing certain areas of the Event Venue in particular (but not limited to) those areas of the Event Venue which are licensed for the sale or provision of alcohol or gambling.
Photography and Filming
1.6 You acknowledge and agree that the use of equipment for recording or transmitting (by digital, electronic or other means) any audio, visual or audio-visual material or any information or data inside the Event Venue whilst in play is strictly forbidden.
1.7 Unauthorised recordings, tapes, films or similar items may be confiscated and destroyed. Any recording made of any Event Session whilst in play will be in breach of these Terms and Conditions and shall be deemed to be our property. We and the Venue Managers (and our respective representatives) will not be liable for any loss, theft or damage to confiscated items.
1.8 By attending the Event, you consent to your image and sound being filmed and recording of as a member of the audience. We may use such filming and recordings (including any copies) without payment to you.
1.9 You acknowledge and agree that you shall not bring into the Event Venue or display or distribute (whether for free or not) at the Event Venue any sponsorship, promotional or marketing materials.
1.10 You acknowledge and agree that: (a) mobile telephones and messaging equipment must be switched off during play at the Event; (b) alcohol may only be consumed in public bars and other authorised and licensed areas of the Event Venue; (c) smoking is not permitted at the Event or within or around the Event Venue except strictly within any designated smoking area (if any).
1.11 You acknowledge and agree that the following are not permitted within the Event Venue and that you shall not seek to bring any of the following into the Event Venue: (a) animals (with the exception of guide dogs); (b) laser pens; (c) your own food and drink (unless permitted by the Venue Managers); (d) bottles, cans or glass containers (unless permitted by the Venue Managers); (e) any item which may be viewed or deemed by applicable law as a potential weapon including sharp or pointed objects; (f) any illegal substances; (g) large flags (over 2’ x 2’), banners, rattles, klaxons or oversized hats; and (h) any objects or clothing bearing political statements or commercial identification intended for ‘ambush marketing’. Please note that there are no left luggage areas at the Event so you should not bring any cases, laptop bags etc.
1.12 We and the Venue Managers reserve the right to conduct security searches from time to time and confiscate any item which, in our respective opinions (acting reasonably), may cause danger or disruption to other attendees at the Event or an item of the kind listed in clause 5.11.
Restrictions on access and readmission
1.13 It is not our intention to allow re-admission or pass-outs of any kind and you acknowledge and agree that it shall be at our discretion and/or the Venue Manager’s discretion as to whether Ticket holders may leave and re-enter the Venue during any Event Session.
1.14 Your Ticket may contain restrictions as to the seating and areas of the Event Venue available to you and you acknowledge that your admission shall limit your access to these areas. You acknowledge and agree that the obstruction of gangways, access-ways, exits, entrances or staircases, congregating in non-designated areas or seeking entry to stands or seats for which you do not hold a Ticket is strictly forbidden.
Part 3 – Refunds, Cancellation and Exchanges
1. Refunds, Cancellation and Exchanges
What happens if the Event is cancelled or re-scheduled?
1.1 We reserve the right (for ourselves and for the Event Venue owner) to make alterations to the timing, content, set up of the Event or any Event Session in our absolute discretion. We will endeavour to keep changes to an absolute minimum and only make such changes when necessary.
1.2 It is your responsibility to ascertain whether the Event or any Event Session has been cancelled or re-scheduled and the date and time of the re-scheduled Event or Event Session as the case may be.
1.3 Where the Event or an Event Session is cancelled or re-scheduled, we will use our reasonable endeavours to notify you using the details you provided Us with at the time of booking your Tickets but we cannot guarantee that you will be informed of such cancellation or rescheduling before the date or time of the Event or Event Session as the case may be.
1.4 It is your responsibility to inform us of any change to the contact address, telephone number or email address you provide us with at the time of ordering a Ticket.
1.5 The following provisions apply to all Event Sessions at the Event:
1.6 refunds will not be given other than at our discretion;
1.7 only the original purchasers of the Tickets will be eligible for refunds under these Terms and Conditions. Refunds will be paid, subject to the provisions of this Clause 6 and Clause 8 below, for Tickets bought in advance to the original purchasers by the same means as that with which the original purchase was made. In view of the potential numbers of Tickets that may be involved, we will not respond to queries on the telephone so please do not call other than via the dedicated helpline number which we may set up;
1.8 in the event of any curtailment or cancellation of play, due to any cause (other than our or the Venue Manager’s negligence), no refunds will be given.
Changes to Players
In the case of player injury we will endeavour to substitute that player with a player of a similar standing. This may not however, always be possible due to notice periods required for player availability and we shall not be liable to you for any refund or cancellation as a result of any changes in the player line up at any Event Session or the Event as a whole.
1.9 Due to the nature of the Event we are unable to offer any ticket exchange facility.
1.10 Tickets cannot be refunded after purchase unless the Event or Event Session is cancelled. Where the Event or the relevant Event Session is cancelled by Us due to circumstances beyond Our control as set out in Clause 8 below, you may, at our discretion, be entitled to claim a refund from Us in accordance with this clause. In no circumstances will we be liable for any amount over and the above the face value of the Ticket. Where a refund is sought you must notify Us as soon as possible upon becoming aware of such cancellation.
1.11 Any refund agreed by Us for Tickets will equal the face value of the Tickets purchased. Refunds (where available in terms of clause 6.5.1 ) shall only be made to the person who purchased the Tickets and, where possible, be made using the same method as was used to purchase the Tickets (for example, to the debit or credit card used).
1.12 These Terms and Conditions do not and shall not affect your statutory rights as a consumer where you have purchased Tickets as an individual.
Part 4 – General Terms & Conditions
1. Our liability to you 1.1 Nothing in these Terms and Conditions shall limit or exclude our liability: (a) death or personal injury resulting from negligence; or (b) any damage or liability as result of fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded by applicable law.
1.2 To the extent permitted by applicable law we hereby exclude from these Terms and Conditions any and all warranties, conditions and other terms implied by statute or common law.
1.3 To the extent permitted by applicable law, we will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with, these Terms and Conditions or the use (or non-use) of the Tickets.
1.4 If you are a business who is purchasing Tickets or an individual purchasing Tickets for business purposes or on behalf of a business, then to the extent permitted by applicable law we shall not be liable for any loss of profits; loss of business; depletion of goodwill and/or similar losses; loss of anticipated savings; loss of agreement or contract; loss or corruption of data or information; business interruption, or loss of business opportunity or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
1.5 If you are an individual consumer purchasing Tickets then please note that we only provide the Tickets for your personal use and you agree not to use the Tickets or re-sell the Tickets for any commercial or business purposes, and, to the extent permitted by applicable law, we have no liability to you for any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses. If you purchase any Ticket from anyone other than our authorised vendors then you acknowledge that such Tickets may not be valid and we reserve the right to refuse admission to the Event where such Tickets are presented for entry. Any person identified as buying and then reselling the Tickets for commercial purposes or profit acknowledges that such Tickets shall become invalid and we reserve the right to refuse admission to the Event where such Tickets are presented for entry.
1.6 You acknowledge that we, the Venue Mangers and the players enter into contracts with sponsors from time to time and that such sponsors attribute their branding for use at the Event and related event but that said sponsors have no responsibility for the operation of, or the ticketing for, the Event and will be unable to assist with any queries or concerns as to ticketing and as such have no liability under these Terms and Conditions.
1.7 Our liability with respect to cancellation, refunds, exchanges and events outside our control is set out in Clauses 6 and 8.
2. Events outside our control 2.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control (Force Majeure Event).
2.2 A Force Majeure Event includes any act, event, omission or accident beyond our reasonable control and includes (as well as others) such things as: terrorist attack, fire, flood or natural disaster, epidemics, impossibility of the use of means of public or private transport, or public or private telecommunications networks or the threat of any of these things.
2.3 If a Force Majeure Event occurs, we may have to cancel the Event or abandon it part way through and our obligations to you are deemed to be suspended for the period that the Force Majeure Event continues. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.
3. Use of Details and Data Protection
4. Health and Safety
You acknowledge and agree that it is your responsibility to comply with all relevant statutes (including Health & Safety and Environmental legislation), safety announcements and Event Venue regulations whilst attending the Event.
5. Miscellaneous 5.1 These Terms and Conditions and the other documents (if any) referred to herein contain all the terms applicable to the relationship between you and Us in relation to the subject matter hereof.
5.2 If any provision of these Terms and Conditions is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Terms and Conditions which shall remain in full force and effect. Further, if any provision of these Terms and Conditions is so found to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted, the provision in question shall apply with such deletion(s) as may be necessary to make it valid and enforceable.
5.3 No delay, neglect or forbearance on our part in enforcing any provision of these Terms and Conditions shall either be or deemed to be a waiver or in any way prejudice any rights which we may have under these Terms and Conditions.
5.4 The relationship between you and Us is that of independent contracting parties and nothing in these Terms and Conditions shall be construed as creating a partner, agency or joint venture between you and Us.
5.5 You shall not (and shall not purport to) assign or otherwise transfer your rights or obligations under these Terms and Conditions whether in whole or in part without our prior written consent.
5.6 These Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed and construed in all respects in accordance with Scots Law. You hereby acknowledge and agree that the Scottish Courts will have the exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms and Conditions or their subject matter or formation (including non-contractual disputes or claims).
Part 5 – BMW Competition terms and conditions
1. Prize | BMW 320D M Sport Saloon car to attend the Brodies Invitational at Gleneagles
a. These prize terms and conditions (“Competition Terms”) are in addition to and should be read together with the foregoing ticket terms and conditions.
b. The entrant acknowledges that failure to comply with these Competition Terms may result in his/her disqualification from the competition.
c. By entering this competition each entrant agrees that they have read, understood and agreed to be bound by these Competition Terms.
d. The prize is for one adult over 25 to upgrade their ticket at the Brodies Tennis Invitational to include the use of a BMW for the weekend of the Brodies Tennis Invitational. The vehicle will be ready for collection at 10am on Friday 14th June 2019 at Eastern BMW, Edinburgh’s luxury car village, Newbridge, Edinburgh EH28 8TG and must be returned by 1pm on Monday 17 June 2019. The model will depend on availability. Driver must be over 25 with no more than 6 penalty points. Only 1 driver permitted. Fuel not included and must be returned with like for like fuel. Please note that your own vehicle cannot be left at Eastern BMW due to parking restrictions.
e. This prize is non-transferable.
a. Entrants must be over 25 to enter the competition. We reserve the right to obtain proof of age and to refuse entry into the competition or to choose another winner if such proof, where requested, has not been given.
b. We have the right at any time to require entrants to provide proof of identity as evidence of eligibility to participate. If an entrant fails to comply with a request for proof of identity, or provides false or misleading information, we may disqualify the entrant from the competition, or, where appropriate allocate the prize to another eligible entrant. Our decision will be final and no correspondence will be entered into about a decision regarding eligibility.
c. The driver must be at least 25 years old on the day of collection and must have no more than six points on his or her driving licence and no previous or pending disqualifications.
d. The driver must be in possession of a full driving licence, which he or she must present on request, on the day of vehicle collection. The driver will also be asked for another form of ID proving address details.
e. Fuel is not included and the car should be returned with the same amount as when you picked up the car.
f. You will have to accept and sign the forms (including insurance) required by BMW.
g. BMW reserves the right to withhold the car if the above requirements are not deemed to be met.
a. On completion of your ticket purchase, you will automatically be entered into the ‘BMW for the weekend’ prize draw. Only those who purchase a ticket before midnight on Thursday 23 June 2019 will be eligible.
b. The competition closes at midnight on Thursday 23 June 2019.
c. The winner will be selected at random through an e-ballot.
d. The winner will be notified by email no later than Friday 31 May 2019.
e. We are not liable for any associated cost to entrants of entering the competition.
f. We accept no responsibility for entries that are delayed or which are not received for any reason. We have no responsibility to inform any entrant that their entry is incomplete and not valid for entry to the competition.
g. No cash alternative to the prize is available. The prize is not transferrable and non-negotiable.
h. We accept no responsibility for any costs or expenses incurred by the winner or their guests in connection with claiming the prize won in the competition (including travel to and from the Event).
a. To the extent permissible under applicable law, we shall not be liable to any entrant or to the winner (and/or any guest as applicable) for any loss or damage howsoever caused (whether in contract, tort (including, without limitation, negligence) statutory duty or otherwise) arising out of or in connection with the competition.
b. To the fullest extent permitted by law, we do not make any express or implied warranties, representations or endorsements whatsoever with regard to the competition prize or any information, service or product provided in connection with the competition.
c. Entrants (including the winner) shall not do anything that could damage or harm our reputation.