• Racedays & Events

    Race Calendar

    Highlights

    Stay
  • Fine Dining & Private Boxes
  • Visiting Ascot
  • Book Tickets
    Keep Open

Terms & Conditions


INTRODUCTION TO TERMS & CONDITIONS

These Conditions apply to all persons entering the racecourse and grounds (Attendees / you) known as Ascot Racecourse (the Racecourse). These Conditions are issued by Ascot Racecourse Ltd (the Executive / we / us). Acceptance of these Conditions will result in a legally binding contract between you and us which include the terms of the license which we have granted to you to enter the Racecourse.

It is your responsibility to familiarise yourself with these Conditions.

These Terms and Conditions of Entry (these Conditions) consist of the general conditions set out in Part I (General Conditions) and the special conditions set out in Part II (Special Conditions)

The General Conditions apply to all Attendees. Unless an Attendee informs the Executive that permission to enter the Racecourse under one of the categories of Special Condition is required, all Attendees will be admitted on the terms of the General Conditions only. To obtain permission to enter the Racecourse under one or more of the categories of Special Condition an entrant must make a specific request to the Executive. A person will only be regarded as entitled to enter the Racecourse under one or more of the categories of Special Condition where expressly and specifically granted the right to do so by the Executive. Special Conditions for the following classes of attendee can be found in Part II of these Conditions:

Participants in Racing / Racing Professionals

Media Contractors and Licensees

Photographers

Press

On-Course Bookmakers

Contractors, Trades and Exhibitors

An Attendee may be permitted access to the Racecourse on the basis of more than one of the categories of Special Condition. Each category of Special Condition shall take effect without prejudice to the others.

If you do not understand or have any questions relating to these Conditions you should contact the Executive without delay for clarification.

Every Attendee entering the Racecourse shall be deemed to have accepted all The Orders and Rules of Racing and shall do so subject to The Orders and Rules of Racing.

Entry to the Racecourse shall be at our discretion. We reserve the right to refuse entry to or expel any person from the Racecourse who is, whom we reasonably believe to be, or whom to the best of our knowledge has in the past been, in breach of these Conditions.

The use of any device or communications equipment to capture and disseminate audio, visual, audio-visual coverage of and data relating to any race or fixture is strictly regulated by these Conditions. Please see Condition 10.

Our liability under these Conditions is limited. Please see Condition 14.

 

PART I - GENERAL CONDITIONS

The following General Conditions apply to all Attendees.

1. The Effect of these Conditions and Variations

1.1 All Attendees who enter the Racecourse (including all surrounding land, car parks and other facilities which are under the ownership and/or control of the Racecourse) shall be deemed to have accepted these Conditions. Attendees are admitted to the Racecourse strictly subject to these Conditions. There are no exceptions.

1.2 Whilst these Conditions are intended to be comprehensive, Attendees are admitted to the Racecourse on the basis that they will comply with both the letter and the spirit of these Conditions.

1.3 All Attendees are permitted access to the Racecourse at our discretion and must conduct themselves on the Racecourse in accordance with all reasonable rules, requests and guidelines which we may publish and impose from time to time. We reserve the right to amend and supplement these Conditions by publishing additional and supplementary conditions and guidelines from time to time

(Variations). Variations will be effective to vary these Conditions on such basis as we may stipulate and may be of permanent or temporary effect. Variations will become effective once they have been notified to you.

2. Badges, PASS Cards and Other Entitlements to Enter the Racecourse

2.1 Badges, Privileged Access Swipe System (PASS) Cards, tickets and other entitlements to enter the Racecourse are non-transferable. They may not be transferred, sold, offered for sale, coupled or bundled with any other product or services or used for any commercial or promotional purpose whatsoever without our consent (which we may withhold in our absolute discretion).

2.2 All badges, PASS Cards, tickets and other entitlements issued by us or on our behalf shall remain our property at all times. We reserve the right to require the immediate return of all badges, PASS Cards or tickets at any time.

2.3 These Conditions apply to all Attendees irrespective of whether or not an Attendee has paid for admission and whether or not an Attendee has been issued with a badge (of any type), PASS Card or other ticket, document or entitlement to enter the Racecourse.

2.4 We are entitled to impose these Conditions of entry on badgeholders, PASS Card holders and all other Attendees in addition to any terms and conditions to which a badge, PASS Card or other entitlement may have been issued or granted. Holders of badges, PASS Cards or other entitlement may only enter the Racecourse subject to these Conditions. In the event of any inconsistency between these Conditions and any terms and conditions upon which any badge, PASS Card or other entitlement has been issued these Conditions will prevail.

2.5 No refund shall be given in respect of any unused part of any badge or other entitlement.

2.6 Any Attendee holding any badge, PASS Card, ticket or other entitlement will be admitted only on presentation of the relevant badge, PASS Card, ticket or other entitlement. Any Attendee who fails to bring his or her badge, PASS Card, ticket or other evidence of entitlement to a fixture will only be admitted on payment of the full daily admission price for the relevant enclosure (if any) applicable on the day.

2.7 Attendees must ensure that badges are securely attached to their clothing on racedays and visible at all times and otherwise show badges, PASS Cards, tickets and other entitlements to officials at any time upon request.

3. Lost or Stolen Badges and Tickets

We accept no responsibility for lost or stolen badges, PASS Cards, tickets or other entitlements. The Racecourse has no obligation to replace a lost or stolen badge, PASS Card, ticket or other entitlement. In the event that we decide to replace a lost or stolen badge, PASS Card, ticket or other entitlement we may charge a fee to do so.

4. Access

4.1 Permission to enter the Racecourse does not constitute guaranteed entry to any particular area of the Racecourse or any Racecourse buildings or facilities. We reserve the right to refuse or condition access to areas of the Racecourse from time to time and on a temporary or permanent basis.

4.2 Unless we give specific permission (either in the Special Conditions or otherwise from time to time) Attendees are prohibited from entering the Weighing Room, the Stewards' Room, the Sampling Unit, the Racecourse Stables, the Judges' Box, the Winners' Enclosure, the Parade Ring, the Racecourse Data Collection Area and any other areas marked private or to which we may restrict access from time to time.

4.3 Children under twelve are not allowed to enter the Winners' Enclosure or the Parade Ring in any circumstances.

4.4 No badge, PASS Card, ticket or other entitlement guarantees access to the Racecourse or any area of the Racecourse.

4.5 The badge, PASS Card, ticket or other entitlement to entry issued to an Attendee may restrict access to certain areas of the Racecourse including the various enclosures. Where a badge, PASS Card or other entitlement restricts access to some or all enclosures, transfers between enclosures may be possible on a raceday. Transfers will be subject to application at the Transfer Kiosk.

4.6 No badge, PASS Card or other entitlement gives any Attendee any right to receive, use or exploit any racing data, audio, visual or audio-visual coverage of any race or fixture. Any coverage or data made available at the Racecourse is made available for the personal use and consumption of Attendees only and redistribution to any person outside the Racecourse is strictly prohibited.

4.7 Late Gate Arrival Policy The policy for Ascot Racecourse for customers arriving after the Feature race was to allow them entry to the racecourse without payment. The turnstile arms were dropped in preparation for egress and the stewards would observe those customers entering and eject any customers who did not fulfill the entry policy ie under age. In recent meetings this has been harder as large numbers of youths have been attempting entry. In order to try and curb this and also to ensure that on our family days we are not providing entertainment for free; it has been decided that the price for tickets will be reduced after the feature race to £5. These tickets can be purchased from Ticket Office West and will be facilitate by the owners and trainers ticketing team. For the large family meetings or where there is a post racing activity this reduction will not be offered and tickets will be charged at full price. The race meetings that would currently qualify for full price tickets until the end of the day are: Festival Chic; Royal Ascot; Betfair Saturday and Sunday; Dubai Duty Free Shergar Cup; British Champions Day and the United House Group Fireworks

5. Conduct of Attendees

5.1 We reserve the right at any time, without prior notice and without providing its reasons to refuse admission to or expel any Attendee who, in our reasonable opinion:

5.1.1 has breached or is likely to breach these Conditions and any Variation (as described in Condition 1.3);

5.1.2 has or is likely to commit an offence or otherwise do anything which is unlawful; and/or

5.1.3 behaves or is likely to behave in an unacceptable or unruly manner or in a manner likely to cause offence to other Attendees.

5.2 All Attendees must follow the reasonable written and/or verbal instructions of Racecourse safety stewards, other staff and officials and the police or other emergency services at all times.

5.3 Intentionally Deleted.

5.4 In the interests of safety we may request to conduct personal body searches of Attendees and/or search their personal belongings. We shall be entitled to refuse entry to or expel from the Racecourse any Attendee who refuses to comply with such a request.

5.5 The following items must not be brought onto the Racecourse: knives, fireworks, smoke canisters, air-horns, drinking glasses, bottles or other glass or similarly breakable containers, cans, poles and any other article that might be used as a weapon and/or may in our reasonable opinion compromise public safety. Any Attendee in possession of such items will be refused entry to the Racecourse or expelled. 5.6 The following are prohibited on the Racecourse:

5.6.1 flags, banners and other articles and any behaviour which may distract or frighten the horses;

5.6.2 any behaviour which may disrupt or impair the experience of other Attendees;

5.6.3 climbing fences, stands or any other structures or buildings;

5.6.4 throwing any object without lawful authority or excuse;

5.6.5 obstruction of gangways, access ways, exits, entrances, stairways and similar places;

5.6.6 damaging or defacing Racecourse property; and

5.6.7 smoking in any designated "No Smoking" areas.

5.7 We reserve the right to designate any and all areas of the Racecourse as "No-Smoking" Areas from time to time.

5.8 From time to time we will close race track crossings for safety reasons. Attendees are prohibited from attempting to cross any closed crossing or attempting to cross the race track other than at an open crossing.

6. Dress Code

We may at our discretion implement a dress code for particular race days, for specific enclosures on race days and/or any other areas of the Racecourse where a particular dress code is required as specified. All Attendees must comply with the dress code for each race day, for each enclosure and/or any other areas of the Racecourse where a dress code may be in force from time to time. We reserve the right to refuse an Attendee access to any area of the Racecourse where a dress code is in force with which the Attendee is not complying. Further details may be found on our website ascot.co.uk.

7. Unauthorised Trading, Advertising, Leafleting and other Commercial or Promotional Activity

7.1 Only those Attendees who have been given express prior permission by us to trade, advertise, distribute leaflets or conduct any other commercial or promotional activities on the Racecourse may do so. Trading, advertising, leafleting and commercial or promotional activities by all other Attendees is strictly prohibited. This prohibition extends to and includes:

7.1.1 any unauthorised badge, ticket or racecard sellers or hawkers; and

7.1.2 any person directly or indirectly involved in the collation and/or distribution of any audio, visual, audio-visual coverage of or data relating to any race or fixture at the Racecourse or any other British racecourse which has not been expressly permitted in advance by us.

7.2 We reserve the right to confiscate any equipment, stock or other materials in the possession of any Attendee whilst on the Racecourse who is, or whom we reasonably believe to be, involved in unauthorised trade, advertising, leaflet distribution or other commercial or promotional activities.

7.3 We reserve the right to take such legal action (including where appropriate obtaining injunctive and other relief) against or in respect of any person who is in breach of this Condition 7, who has in the past breached this Condition 7 (or any equivalent prior provision) or whom we reasonably believe will breach this Condition 7.

7.4 Where any unauthorised advertising or other sponsorship, promotional or marketing material is distributed to Attendees outside the Racecourse including but not limited to items of clothing, we reserve the right to refuse entry to any Attendee in possession of such material and to confiscate such material from Attendees within the Racecourse.

8. Betting

No Attendee may lay bets or otherwise conduct any betting or gaming business whilst on the Racecourse unless specifically entitled to do so by us. This does not prohibit Attendees placing bets with those on-course bookmakers or other properly authorised betting businesses.

9. Food and Drink

Attendees are prohibited from taking food, drink, glass bottles and glasses onto any part of the Racecourse except for any areas where this is specifically permitted by us.

10. Use of Camera, Video, Computer and Telecommunications Equipment

As is standard practice across commercial sports and leisure venues, racecourses seek to protect their image rights in their terms and conditions of entry. These regulations are in place to ensure that any commercial income streams generated are protected and available to be reinvested into racing.

Whilst racecourses do not wish to dissuade customers from taking pictures of their day out, and sharing them on social media, this must remain at a personal and private level. Photographs published for a commercial purpose or on a large scale where they are available for download, even at no cost, cannot be considered as being for personal and private use. Consequently such photography is not permitted without accreditation.

You may use mobile devices and point-and-shoot or compact cameras to capture images for your own private and domestic use (but you shall not use professional level photography or filming equipment). 

Please note: Non-compliance with the following provisions may constitute a serious breach of these Conditions, as a result of which we may have the right to cancel and withdraw any badge, PASS Card, tickets or other entitlements issued to you. Use of cameras, video equipment, laptop and other computer equipment, mobile telephones and other telecommunications devices at the Racecourse is strictly controlled and limited. You are not permitted to make any commercial use of any audio/visual coverage, still images or data relating to racing at the Racecourse.

10.1 Save as expressly permitted by these General Conditions and any Special Conditions, no Attendee may use any device, technology or communications system to capture, record, store, broadcast, transmit, make available or otherwise disseminate by digital or any other means any still (including photographic), audio, visual, audio-visual coverage or record of, or any data available at the Racecourse relating to, any race or any fixture at the Racecourse or any other British racecourse. The prohibition shall extend to any coverage or record in any form (including audio/visual and data) of any activity occurring on the Racecourse in addition to the running of any race itself including, without limitation, all activities involving the preparation of any horse or jockey for any race, the parading of any horse in the Parade Ring, any activity in the Weighing Room, the Stewards' Room, the Sampling Unit, the Racecourse Stable, the Judges' Box, the Winners' Enclosure and the Racecourse Data Collection Area.

10.2 Subject to the following Conditions, Attendees may use devices to capture still images (but not moving images or any audio) in the form of photographs or similar (Stills) for private and domestic use only. The following Conditions apply:

10.2.1 Photography on the racing surface is strictly forbidden.

10.2.2 Flash photography is also strictly forbidden.

10.2.3 Attendees shall use Stills for private and domestic purposes only and no other purposes. In particular, no Attendee shall sell, licence, assign, syndicate, distribute or otherwise exploit or make available any Still for gain, profit or any commercial purpose whatsoever, nor shall any Attendee permit any person to do so on his or her behalf.

10.3 Save as expressly permitted by any Special Condition no Attendee may use any mobile telephone, computer or other device or telecommunications equipment or system to capture, store and/or distribute (whether by way of speech or the electronic transmission of any data in any form) any data or information concerning or relating to any race, fixture or other race-related activity at the Racecourse including but without limitation, and by way of example only, any information relating to runners and riders, conditions (including going and weather conditions), silk colours, weights, changes to racecards, betting odds (including on-course betting odds and other betting related information), starting information, in-race information, race results and the results of any enquiry.

10.4 By accepting these Conditions you agree that all copyright and other intellectual property rights in any unauthorised still, audio, visual, audio-visual coverage or collation of data shall be assigned to us. To the extent that these Conditions are not sufficient to give effect to this assignment you will do all such things and execute all such documents as we may require from time to time to give effect to such assignment.

10.5 Save as expressly permitted by any Special Condition Attendees may not use mobile telephones or any other communications device whilst on the Racecourse to communicate with anyone outside the Racecourse for the purpose of or in connection with any betting.

10.6 We reserve the right to confiscate any camera, video equipment, mobile telephone, radio and any telecommunications or other device (including computer similar equipment) and any media or device upon which any audio/visual content or data may be stored where it has been in the possession or under the control of any Attendee who has breached or is likely to breach this Condition 10 or any person associated with such an Attendee.

10.7 You consent to ARL, or third parties on its behalf, photographing and filming you and using that photographs/footage

11. Journalists, Publishing and Reporting

Without prejudice to Condition 10, other than persons specifically admitted to the Racecourse on the basis of Special Conditions B and/or D (where appropriate) all other Attendees are prohibited from doing those things permitted by Special Conditions D including and extending to the publication, broadcast or distribution by any other means of any composition, report or other material. The prohibition in this Condition 11 applies irrespective of the means of publication, broadcast, distribution and whether or not such means is specifically referred to in Special Conditions D.

12. Media Coverage

All Attendees are reminded that many races and fixtures are given coverage on television, radio and in print and various other forms of media. By entering the Racecourse Attendees are accepting they may appear in such coverage. Accordingly, Attendees shall have no right to object to their inclusion in any such coverage. Each Attendee will give any additional consents or waivers required for the unrestricted lawful use of any coverage (if any) without request for payment or imposing any other conditions.

External links are selected and reviewed when the page is published. However, Ascot Racecourse Limited is not responsible for the content of external websites.

13. Dogs

Dogs are not permitted in any area of the racecourse except for those required for disabled assistance. Where dogs are permitted they must be kept on leads at all times and must not be allowed to foul anywhere on the Racecourse. To the extent we are legally able to do so, we reserve the right, if necessary, to force entry into a car to release animals which may be suffering.

14. Loss or Damage

14.1 Any property brought onto the Racecourse by an Attendee remains at all times at the entire risk of the Attendee. The Racecourse accepts no responsibility for the theft or other loss or damage to Attendees’ property.

14.2 Attendees must accept that, by its very nature, attending race meetings is not without risk. Attendees must therefore remain vigilant and exercise a reasonable degree of caution and care for themselves and those around them at all times.

14.3 Subject to Condition 14.4, we shall not be liable for any direct loss arising out of any breach by us of these Conditions where such loss was not reasonably foreseeable by us; nor shall we have any liability for any indirect or consequential loss, damage, costs or expenses, any loss of profits, loss of opportunity or loss of revenue whether foreseeable or not.

14.4 Nothing in these Conditions shall limit or exclude our liability in respect of death or personal injury caused by our negligence or fraudulent act or omission.

14.5 Nothing in these Conditions shall affect the statutory rights of any Attendee attending a race meeting as a consumer.

15. Parking

All vehicles parked or stored within the Racecourse are parked at the owners risk and the Racecourse accepts no responsibility for such vehicles.

16. Abandoned or Delayed Racing and Other Events Affecting Racing

16.1 Race fixtures and races may be abandoned at any time in accordance with directions from the Horse Racing Authority and any successor body, the police or other emergency services. Fixtures and races may also be delayed or abandoned in other exceptional circumstances beyond our reasonable control.

16.2 In the event of any fixture being abandoned the refund policy is as set out below. In the event of racing being abandoned, refunds on entrance money and car parks will only be made in the following circumstances:

  1. Abandonment before the running of the first race – full refund.

  2. Abandonment before the third or feature race, whichever is later – 50% refund.

  3. Abandonment after the feature race – no refund given.

Refunds will only be made to the original purchaser of the tickets.

16.3 In the event that a refund is due to an Attendee pursuant to the Racecourse policy, refunds cannot be made on racedays. To obtain a refund Attendees should send their badge/ ticket with full address details, within 3 months of the date of the race meeting to: The Sales Manager, Ascot Racecourse, Ascot, Berkshire SL5 7JX.

16.4 Save as set out in these Conditions, we will have no further liability in relation to any abandoned or delayed racing.

16.5 We give no guarantee that any race or race meeting will take place; nor do we give any representation or warranty concerning the nature or quality of any race or meeting which may be held at the Racecourse.

16.6 Save as provided above, we shall not be liable to any Attendee if and to the extent that any failure or omission by us results from any event beyond our reasonable control such as, but not limited to, war, acts of terrorism, civil disturbance, any order or act of a governmental or regulatory body, fire, flood, severe adverse weather conditions, labour dispute, lock-out, disease, epidemic or other circumstances concerning the healthcare or well-being of humans and/or animals.

17. Payment Terms

Ticket prices are inclusive of VAT. The Racecourse reserves the right to charge VAT (or any other applicable tax or levy) on any other services supplied including sponsorship and corporate hospitality. There are no refunds for any tickets purchased either over the phone or online, therefore you are advised to select your tickets carefully.

18. Evacuations

In the event of an emergency (bomb scare, fire hazard, etc.) all areas must be evacuated. Please listen to announcements over the public address system. Any emergency should be reported immediately to a member of the Racecourse staff and/or the Racecourse Office.

19. Enforcement

We will use our discretion in deciding when to enforce these Conditions. The nature and complexity of racecourse operations means that we are unlikely to enforce these Conditions in every instance in which there is a breach. However, notwithstanding this we nonetheless reserve the right to enforce (without limitation whether by taking practical steps and/or bringing legal proceedings) in every instance where we deem it appropriate. No failure or delay to enforce, or decision by us not to enforce, should be construed as a waiver of our right to do so.

20. Law

These Conditions shall be governed by the laws of England and Wales.

 

PART II - SPECIAL CONDITIONS

The following Special Conditions apply in addition to the Conditions to certain categories of Attendee.  Most Attendees will not fall within any of the categories covered by the following Special Conditions.  Attendees will only be required to comply with, and will only be entitled to any of the rights and privileges set out in, the following Special Conditions where specifically and expressly admitted to the Racecourse on the basis of one or more of the categories of Special Condition.  An Attendee may, however, be admitted on the basis of more than one of the relevant categories. The provisions of these Special Conditions shall apply in preference to the relevant provisions of the Conditions.  If a provision in these Special Conditions conflicts with a provision in the Conditions, these Special Conditions shall modify the Conditions solely to the extent necessary to give effect to the relevant Special Condition(s).

SPECIAL CONDITIONS A - PARTICIPANTS IN RACING

21. Scope of Special Conditions A

21.1   These Special Conditions A apply to all Attendees who are actually involved in racing at a particular fixture whether as racecourse officials including but not limited to British Horseracing Authority officials, racehorse owners, trainers, jockeys, medical professionals, veterinary or other animal care or welfare professionals, assistants to any of the foregoing, stable staff, drivers or other Attendees fulfilling comparable roles directly related to the business of racing on the relevant day (Racing Professionals).

21.2   These Special Conditions A apply whether or not a Racing Professional Attendee holds a badge, PASS Card or other entitlement to enter the Racecourse.

22. Applicable Conditions

22.1   Where your entry to the Racecourse is by PASS Card you must show your PASS Card at the PASS entrance to collect your day badge allocation, which is non-transferable.

22.2   Where appropriate, your PASS Card and/or badge will entitle you to access to the owners' and trainers' facilities at the Racecourse, the Parade Ring and the Winners' Enclosure.  Racing Professionals will be granted access to the different areas of the Racecourse depending upon the role of the relevant Racing Professional, as we determine.

22.3   All Attendees (which for the purposes of this condition also includes horses) are reminded that many races and fixtures are given coverage on television, radio and in print and various other forms of media.   By entering the Racecourse Attendees are accepting they and/or their horse(s) may appear in such coverage which may also include printed or electronic material used for the promotion of the Racecourse.  

22.4   Accordingly, Attendees shall have no right to object to, or demand any payment is respect of, their and/or their horse(s) inclusion in any such coverage whether produced by the Executive or by third parties authorised by the Executive. Furthermore by entering the Racecourse each Attendee consents to the passing of still or moving images of them to third parties authorised by the Executive for the purposes of the production of printed or electronic material to be used solely for the promotion of the Racecourse.  

22.5   Each Attendee will give any additional consents or waivers required for the unrestricted lawful use of any coverage (if any) without request for payment or imposing any other conditions.

22.6   All Racing Professionals granted access to the Racecourse under these Special Conditions A must hold and maintain, or their employers must hold and maintain, comprehensive and adequate public liability insurance with a reputable insurer on industry standard terms to cover a reasonable level of liability for any claim for which they may become liable as a result of any loss or damage which they cause whilst present on the Racecourse.  We reserve the right to refuse entry to, or to expel, any Attendee admitted under these Special Conditions A who does not produce satisfactory evidence of such insurance on demand or within such period as we may determine.

SPECIAL CONDITIONS B - MEDIA CONTRACTORS AND LICENSEES

23. Scope of Special Conditions B

23.1   We (and or our duly authorised agents and sub-licensees) may from time to time enter into agreements with third parties under which those third parties, their sub-contractors and licensees are permitted to enter the Racecourse for the purpose of producing still images or audio/visual/data coverage of races and fixtures and/or transmitting, broadcasting or otherwise distributing such coverage from the Racecourse (a Third Party Media Agreement).  These Special Conditions B apply to all Attendees who are present on the Racecourse under the terms of a Third Party Media Agreement or for purpose(s) equal or similar to those permitted by a Third Party Media Agreement (Media Attendees). 

23.2   These Special Conditions B apply whether or not a Media Attendee holds a badge, PASS Card or other entitlement to enter the Racecourse.

23.3   Subject to any special conditions that may be agreed in any Third Party Media Agreement or Racecourse accreditation all Media Attendees granted access to the Racecourse under these Special Conditions B must hold and maintain, or their employers must hold and maintain, comprehensive and adequate public liability insurance with a reputable insurer on industry standard terms to cover a reasonable level of liability for any claim for which they may become liable as a result of any loss or damage which they cause whilst present on the Racecourse.  We reserve the right to refuse entry to, or to expel, any Media Attendee admitted under these Special Conditions B who does not produce satisfactory evidence of such insurance on demand or within such period as we may determine.

24. Your Rights

24.1   Ordinarily the rights which Attendees have to produce audio/visual/data coverage of races and fixtures is limited under Condition 10.  However, where Media Attendees are present on the Racecourse under the terms of a Third Party Media Agreement it is likely that the scope of the rights which the relevant third party enjoys in respect of, or to produce and exploit, audio/visual/data coverage of races and fixtures will be wider than that permitted under Condition 10.

24.2   To the extent that the rights granted under a Third Party Media Agreement are wider than the rights granted under the General Conditions, including (but not limited to) Condition 10, Media Attendees will be entitled to exercise and exploit those rights granted to the third party under the relevant Third Party Media Agreement.

24.3   Please note, however, that save where we have expressly agreed otherwise in writing the rights granted a third party under a Third Party Media Agreement will be personal to that third party.  Accordingly, Media Attendees' rights to attend the Racecourse will be strictly as an employee or sub-contractor to the relevant third party and Media Attendees will not be entitled to exercise any rights to, or to produce and exploit, audio/visual/data coverage of races and fixtures on their own behalf or for any purpose other than that permitted under the relevant Third Party Media Agreement.

24.4   Media Attendees must comply with the terms of any applicable British Horseracing Authority Instructions which may be relevant to their activities on the Racecourse.  Particular attention is drawn to BHA General Instructions 5.1 and 5.2(2) which are set out in the Annex to these Conditions.

25. Third Party Media Agreements to Prevail

If and to the extent that there is any conflict between these Conditions and the terms of any Third Party Media Agreement, the terms of the Third Party Media Agreement shall prevail.

SPECIAL CONDITIONS C - PHOTOGRAPHERS

26. Scope of Special Conditions C

26.1   These Special Conditions C apply to all Attendees who have been granted an express licence by the Executive and who hold badges or other entitlements to enter British racecourses allocated by or on behalf of the RCA to take photographs of races, fixtures and other activities on the racecourses (Photographers' Accreditation).  At the time of publication of these Conditions this function is performed by the RCA/HWPA Press Liaison Committee but these Special Conditions C apply to any press badges allocated by this or any successor body empowered by the RCA to do so.

26.2   Only those persons who attend the Racecourse holding a valid and subsisting Photographers' Accreditation (Authorised Photographers) will be entitled to enter the Racecourse on the basis of these Special Conditions C. 

26.3   Without prejudice to Condition 26.2, these Special Conditions C apply whether or not an Authorised Photographer holds a badge, PASS Card or other entitlement to enter the Racecourse.

27. Special Conditions for Holders of Photographers' Accreditation

27.1   In these Special Conditions C the following words and expressions shall have the following meanings:

(a)       Internet means the global network of computer systems using TCP/IP protocols known as the world wide web.

(b)       Newspaper and News Magazine mean, respectively, a newspaper or magazine published and distributed in printed paper format but specifically excluding any "one off", special or commemorative edition or supplement and newspaper or magazine based on a specific racecourse.

(c)       Photograph means any still visual image, or information capable of being converted into a still visual image, (whether such still visual image is in physical, negative or digital form or any other form of electronic storage of whatever nature and whether existing now or invented in the future) but shall specifically exclude any moving images, digital sequencing or audio in any form.

(d)       Publish means to use, reproduce, distribute, store or communicate to any person in any form (whether in hard or electronic copy, whether permanent or transient and whether existing now or invented in the future).

27.2   Authorised Photographers shall produce satisfactory evidence of their Photographer's Accreditation upon demand.  We reserve the right to refuse entry to, or to expel, any Attendee who does not produce such evidence when asked to do so.

27.3   All Authorised Photographers granted access to the Racecourse under these Special Conditions C must hold and maintain, or their employers must hold and maintain, comprehensive and adequate public liability insurance with a reputable insurer on industry standard terms to cover a reasonable level of liability for any claim for which they may become liable as a result of any loss or damage which they cause whilst present on the Racecourse.  We reserve the right to refuse entry to, or to expel, any Attendee admitted under these Special Conditions C who does not produce satisfactory evidence of such insurance on demand or within such period as we may determine.

27.4   Authorised Photographers must wear any form of identification issued by us to identify them as Authorised Photographers and will return any such identification upon request.

27.5   Save as we may expressly agree otherwise in writing from time to time, Authorised Photographers must not wear any form of branded clothing or otherwise participate in any promotional or other commercial activity on the Racecourse.

27.6   Authorised Photographers will not do any of those things prohibited by Condition 10 save as expressly permitted by these Special Conditions C.

27.7   Authorised Photographers will only Publish Photographs:

(a)       in a Newspaper or News Magazine or other relevant websites approved by the Executive in writing; or

(b)       as a reproduction on the Internet of an equivalent electronic version (operating under the same or a substantially similar title or brand name) of any Newspaper or News Magazine in which the Photograph is actually Published.  A Photograph must only be made available on the Internet subject to terms which incorporate clear and legally binding provisions prohibiting:

(i)        the reduction of any Photograph to hard copy form; and/or

(ii)       the Publication of any Photograph except in order to enable it to be viewed on the relevant Internet website or service.

We acknowledge that Newspaper and News Magazine versions of a Photograph may be published at different times to Internet website versions of the same Photograph and that the different versions may therefore not be identical.

27.8   Authorised Photographers must comply with the terms of any applicable British Horseracing Authority Instructions which may be relevant to their activities on the Racecourse.  Particular attention is drawn to BHA General Instructions 5.1 and 5.2(2) which are set out in the Annex to these Conditions.

27.9   Authorised Photographers may not attach cameras to any marker posts (including winning post and furlong markers).

SPECIAL CONDITIONS D - PRESS

28. Scope of Special Conditions D

28.1   These Special Conditions D apply to all Attendees who hold press accreditation from the Executive or press badges or other entitlements to enter British racecourses allocated by or on behalf of the RCA other than on-course bookmakers' representatives (Press Accreditation).  At the time of publication of these Conditions this function is performed by the RCA/HWPA Press Liaison Committee but these Special Conditions D apply to any press badges allocated by this or any successor body empowered by the RCA to do so.

28.2   Only those persons who attend the Racecourse holding a valid and subsisting Press Accreditation (Authorised Journalists) will be entitled to enter the Racecourse on the basis of these Special Conditions D. 

28.3   Without prejudice to Condition 28.2, these Special Conditions D apply whether or not an Authorised Press Attendee holds a badge, PASS Card or other entitlement to enter the Racecourse.

29. Special Conditions for Holders of Press Accreditation

29.1   In these Special Conditions D the following words and expressions shall have the following meanings:

(a)       Article means any composition or fixture report created at the Racecourse about a race or fixture or about any person involved in any race or fixture, whether for immediate, simultaneous or delayed publication or other distribution.

(b)       Internet means the global network of computer systems using TCP/IP protocols known as the world wide web.

(c)       Mobile Text Service means a service, whether free or pay, via which text only (that is, no audio/visual content whatsoever) versions of Articles are distributed using mobile telecommunications technologies such as GPRS and 3G to devices which are capable of two-way communications of data and voice and intended for use while the user is in motion.

(d)       Newspaper and News Magazine mean, respectively, a newspaper or magazine published and distributed in printed paper format but specifically excluding any "one off", special or commemorative edition or supplement and newspaper or magazine based on a specific racecourse.

(e)       Publish means to use, reproduce, distribute, store or communicate to any person in any form (whether in hard or electronic copy, whether permanent or transient and whether existing now or invented in the future).

29.2   Authorised Journalists shall produce satisfactory evidence of their Press Accreditation upon demand.  We reserve the right to refuse entry to, or to expel, any Attendee who does not produce such evidence when asked to do so.

29.3   All Authorised Journalists granted access to the Racecourse under these Special Conditions D must hold and maintain, or their employers must hold and maintain, comprehensive and adequate public liability insurance with a reputable insurer on industry standard terms to cover a reasonable level of liability for any claim for which they may become liable as a result of any loss or damage which they cause whilst present on the Racecourse.  We reserve the right to refuse entry to, or to expel, any Attendee admitted under these Special Conditions D who does not produce satisfactory evidence of such insurance on demand or within such period as we may determine.

29.4   Authorised Journalists must wear any form of identification issued by us to identify them as Authorised Journalists and will return any such identification upon request.

29.5   Save as we may expressly agree otherwise in writing from time to time, Authorised Journalists must not wear any form of branded clothing or otherwise participate in any promotional or other commercial activity on the Racecourse.

29.6   Authorised Journalists will not do any of those things prohibited by Condition 10 save as expressly permitted by these Special Conditions D.

29.7   Authorised Journalists will only Publish Articles:

(a)       in a Newspaper or News Magazine or other relevant websites approved by the Executive in writing; or

(b)       as a reproduction on the Internet or a Mobile Text Service of an equivalent electronic version (operating under the same or a substantially similar title or brand name) of any Newspaper or News Magazine in which the Article is actually Published.  The terms upon which any Article is made available on an Internet website or a Mobile Text Service must incorporate clear and legally binding provisions prohibiting:

(i)        the reduction of any Article to hard copy form; and/or

(ii)       the Publication of any Article except in order to enable it to be viewed on the relevant Internet website or Mobile Text Service.

We acknowledge that Newspaper and News Magazine versions of an Article may be published at different times to Internet website or Mobile Text Service versions of the same Article and that the different versions may therefore not be identical.

29.8   Authorised Journalists will not Publish

any statistics or other information for commercial exploitation as a data service (including but not limited to any of those items of racing data referred to in Conditions 10.1and 10.2).

29.9        Authorised Journalists are not permitted to take photographs in any area that would otherwise require photographers accreditation, nor, live stream or make other audio/visual records of any race, fixture or other activity on any area of the Racecourse unless they have also been permitted access to the Racecourse as Authorised Photographers under Special Conditions C or are otherwise permitted to do so under the terms of a Third Party Media Agreement and Special Conditions B.

29.10     Authorised Journalists must comply with the terms of any applicable BHA General Instructions which may be relevant to their activities on the Racecourse.  Particular attention is drawn to BHA Instructions 5.1 and 5.2(2) which are set out in the Annex to these Conditions.

29.11     Authorised Journalists can only use the Press Room or other press facilities when working.  Only Authorised Journalists may enter the press room.  No associates or family members may be brought into the Press Room.

SPECIAL CONDITIONS E - ON-COURSE BOOKMAKERS AND STAFF NOTE:

30. cope of Special Conditions E

30.1              These Special Conditions E apply to all Attendees who are involved in any bookmaking activities on the Racecourse.  This includes Bookmakers (as defined in paragraph 30.6 below) and any person employed or engaged by a Bookmaker to assist in any way whatsoever with the carrying out of bookmaking activities on the Racecourse.

30.2              All references to ‘Special Conditions E’ shall include all and any policies and/or procedures referred to in them.

30.3              These Special Conditions E shall take effect on 1 January 2016.

30.4              We shall provide at least 3 months' notice of our intention to make any material change to these Special Conditions E and before making any such material change shall consult with the Bookmakers.  Full details of any material change shall be made available via our Nominated Contractor’s website not less than 2 weeks before such material change comes into effect.

30.5              Nothing in these Special Conditions E shall limit or restrict our ability to make and we shall be entitled to issue minor changes, supplementary rules and/or guidelines to Special Conditions E from time to time and such minor changes, supplementary rules and/or guidelines shall have immediate effect.

Bookmakers and Staff

30.6              The only Attendees who shall be permitted to accept or lay off bets on the Racecourse shall be:

30.6.1   the holders of a general betting operating licence; and

30.6.2   any person employed by the holder of a general betting operating licence under a written contract of employment and named on the general betting operating licence of their employer.

For the purposes of these Special Conditions E, this category of Attendees shall be known as Bookmakers. 

Staff means any employee or other person engaged by a Bookmaker to provide or assist with the carrying out of bookmaking activities on behalf of the Bookmaker, but who does not accept or lay off bets.

30.7                     These Special Conditions E apply to all Bookmakers and Staff whether or not they hold any other badge, PASS Card or other entitlement to enter the Racecourse.

IMPORTANT NOTE TO BOOKMAKERS

30.8              Nothing in these Special Conditions E:

30.8.1  shall require us to admit to the Racecourse any Bookmaker or Staff who has or in our reasonable opinion is likely to commit an offence, a breach of these Special Conditions E or behave in an unacceptable manner;

30.8.2  shall confer any tenancy or right to exclusive possession upon a Bookmaker of any part of the Racecourse (including the Existing Betting Ring) and possession of the Racecourse (including the Existing Betting Ring) is retained by us and a Bookmaker shall not be entitled to use any part of the Racecourse (including the Existing Betting Ring) to the exclusion of us or any others who are from time to time entitled.

31 Special Conditions for Bookmakers

Definitions

31.1              In these Special Conditions E the following words and expressions shall have the following meanings:

31.1.1   Betting Area means any area of the Racecourse that we have designated as a betting area or we otherwise make available to Bookmakers to carry out bookmaking activities from time to time;

31.1.2   Betting Badge means the admission ticket purchased by a Bookmaker on each raceday providing entry to the Racecourse;

31.1.3   Betting Administration Fee means the fee charged by us in respect of the administration and management of the Betting Areas;

31.1.4   Betting Ring Manager means our authorised representative or contractor responsible for ensuring the proper and orderly admission and conduct of Bookmakers and Staff in the Betting Areas;

31.1.5   Bookmaker Number means the maximum number of Bookmakers (one per position) who may enter a Betting Area on a raceday;

31.1.6   Existing Betting Ring means any Betting Area established and in use on or prior to 31 August 2007 and in relation to any temporary areas only for those fixtures authorised under a Certificate of Approval as at 31 August 2007.

31.1.7   Identification Card means a valid photographic identification card issued by our Nominated Contractor in accordance with such procedures as our Nominated Contractor may issue from time to time.

31.1.8   Identification Papers means:

(a)   either:

(i)      a copy of the Bookmaker's general betting operating licence; or

(ii)     in the case of an employee of a Bookmaker who wishes to accept bets, a copy of the employer's general betting operating licence or, in the case of a large scale operator, a staff identification card; or

(b)  photographic identification being either a passport, new style driving licence incorporating a photograph; and

(c)   a Certificate of Discharge of liabilities from the Horserace Betting Levy Board (or appropriate exemption); and

(d)  documentary evidence of public liability insurance with a reputable insurer on industry standard terms in such amount as we deem appropriate;

31.1.9   New Betting Area means any Betting Area established on or after 1 September 2007 which includes temporary areas for fixtures not authorised under a Certificate of Approval as at 31 August 2007.

31.1.10    Nominated Contractor means the contractor nominated by us from time to time to issue Identification Cards.

Admission to the Betting Areas

31.2                     Bookmakers may only receive and take bets in those areas of the Racecourse that we have designated as Betting Areas.  Any Bookmaker who takes or receives bets or whom we reasonably believe is likely to take or receive bets in any other part of the Racecourse without our prior approval shall be refused entry or ejected from the Racecourse (as appropriate).

31.3                     Entry to any Betting Area at a Racecourse shall be limited to:

31.3.1   Bookmakers who have entered into a licence with the Executive or the Racecourse owner (as applicable);

31.3.2   Staff who have paid the admission fee;

31.3.3   Bookmakers who have paid all applicable fees, including the admission fee and hold a valid Betting Badge for that raceday;

31.3.4   Bookmakers who make their Identification Card or Identification Papers available at the Badge Box for inspection on entry to the Racecourse;

31.3.5   Bookmakers who pay the Betting Administration Fee at the Badge Box; and

31.3.6   the Bookmaker Number for the relevant betting area on that particular raceday.

31.4                     Any Bookmaker shall be permitted to apply to the Nominated Contractor for an Identification Card in accordance with the Executive’s procedures, as amended from time to time.

31.5                     In addition to our rights to refuse entry to or remove any Attendee under the General Conditions, we reserve the right to refuse entry to or to remove:

31.5.1   any Bookmaker who fails to present or make available for inspection their Identification Card or Identification Papers when requested to do so by us, our officials or the Betting Ring Manager; or

31.5.2   any Bookmaker or Staff who has breached, or whom we, our officials or the Betting Ring Manager reasonably believe is likely to breach, any of these Special Conditions E in any other way. This may include circumstances where a Bookmaker or Staff has been refused entry to, removed from or been subject to any other action by another racecourse because of a breach or likelihood of breach of Special Conditions E.

Conduct in the Betting Areas

31.6                     All Bookmakers and Staff (where appropriate) granted access to the Racecourse under these Special Conditions E must:

31.6.1   hold and maintain comprehensive and adequate public liability insurance with a reputable insurer on industry standard terms to cover a reasonable level of liability for any claim for which they become liable as a result of any loss or damage which they cause whilst present on the Racecourse;

31.6.2   comply with:

(a)       The Rules of Racing;

(b)       our instructions and the reasonable instructions given by our staff, our officials and the Betting Ring Manager;

(c)       all applicable laws and regulations which may apply to on-course bookmaking from time to time and all guidelines and codes of conduct which may be issued pursuant to such laws and regulations;

(d)       provide to the Executive all and any information as the Executive may request relating to the bookmaking activities carried out by or on behalf of the Bookmaker on the Racecourse within 14 days of such request.

31.6.3       not indulge in or be associated in any way with any practice that has, or might have, the effect of distorting artificially the betting market or starting price for any race whether by offering false prices on any horse or any other means.

31.7                     In particular, all Bookmakers and Staff (where appropriate) must:

31.7.1       price up the odds on offer at least ten minutes before the scheduled time of a race on which he or she proposes to bet;

31.7.2       prominently display (i.e. this should not be obscured in any way and should be within the direct eye line of the customer) the place terms if betting each-way;

31.7.3       prominently display (i.e. this should not be obscured in any way and should be within the direct eye line of the customer) a fair  exchange rate if accepting and/or paying out bets in differing currencies;

31.7.4       conduct bookmaking activities from a stand and equipment (including display boards) known as a joint that is compliant with the specification agreed by the RCA and NAB, ARB and RBA  from time to time; 

31.7.5       ensure that areas surrounding joints are kept free from clutter and, where appropriate, personal items are kept in or on the joint;

31.7.6       keep equipment used in the course of his or her business (including the joint and surrounding areas) in a clean, tidy and safe condition, free from clutter.  All boxes not stored in the joint must be removed from the betting area at least thirty minutes before the scheduled time of the first race;

31.7.7       ensure that umbrellas used by the Bookmaker and his or her Staff are lowered at or before the start of any race and that umbrellas are kept lowered until the last horse racing has passed the winning post unless agreed otherwise by our official or nominated representative;

31.7.8       conduct his or herself and ensure that his or her Staff conduct themselves in a proper and seemly manner at all times and conduct business with customers and other authorised personnel in a polite and helpful manner; and

31.7.9       comply with and ensure that his or her Staff comply with any dress code in force on any particular raceday.

31.7.10    where accepting each-way bets, ensure the terms shall be or shall be better, i.e. more favourable to the customer, than:

(a)        for races with fewer than 3 runners – all to win;

(b)        for races with 3 or 4 runners – all to win.  Where a bookmaker wishes to depart from this default position he may offer place terms for 3 or 4 runners this must be at 1/5 odds a place 1-2;

(c)        for races with 5-7 runners (inclusive) – 1/4 odds on place 1-2;

(d)        for races with 8 or more runners – 1/5 odds on place 1-2-3;

(e)        for handicap races with 12-15 runners (inclusive) – 1/4 odds on place 1-2-3;

(f)         for handicap races with 16-21 runners (inclusive) 1/5 odds on place 1-2-3-4; and

(g)        for handicap races with 22 or more runners – 1/4 odds on place 1-2-3-4,

and shall comply with Condition 31.7.2 above regarding the prominent display of terms.

31.8                     No Bookmaker shall dismantle his or her joint or leave the Betting Area until ten minutes after the weighed-in signal has been given in respect of any race on which he or she has an unsettled cash claim in respect of any bet at any Meeting.  If, following that period, the Bookmaker has an unsettled cash claim outstanding he or she shall leave with the Betting Ring Manager:

31.8.1       the amount due to the winning customer;

31.8.2       full details of the terms of the bet;

31.8.3       details of the receipt number.

31.9                     Any betting dispute that a Bookmaker is unable to resolve must be notified to the Betting Ring Manager without delay.

31.10                  Unless otherwise displayed prominently, all Bookmakers shall use Tattersalls Committee as their independent third party dispute resolution service.

Identification Cards

31.11                  Neither the Executive nor any Nominated Contractor shall be under any obligation to issue an Identification Card to a Bookmaker who in the Executive’s opinion fails to satisfy such criteria as either the Executive or our Nominated Contractor set out in its application procedures from time to time.  The Executive and our Nominated Contractor may impose such conditions as we consider fair and reasonable.  The Executive and our Nominated Contractor may require any application for an Identification Card to be accompanied by and/or require the holder of an Identification Card to provide within a reasonable period upon request:

31.11.1   evidence of the applicant’s identity and compliance with section 92 Gambling Act 2005 which may include a general betting operating licence, passport, driving licence or such other documentation as the Executive deems appropriate;

31.11.2   a Certificate of Discharge of liabilities from the Horserace Betting Levy Board;

31.11.3   evidence of public liability insurance with a reputable insurer on industry standard terms in such amount as the Executive deems appropriate;

31.11.4   a fee to cover the administrative costs of processing the application and issuing the Identification Card;

31.11.5   any other information or documentation as the Executive considers necessary.

31.12                  Identification Cards are non-transferrable and may not be sold, offered for sale or otherwise transferred to any person.  Identification Cards remain the property of the Executive at all times and the Executive reserves the right to require the immediate return of Identification Cards.

31.13                  If an Identification Card is lost or stolen the Bookmaker must notify our Nominated Contractor immediately of such loss or theft.  Neither our Nominated Contractor nor the Executive have any obligation to automatically replace any lost or stolen Identification Card and may require the Bookmaker to submit a new application.  If our Nominated Contractor or the Executive decides to replace a lost or stolen Identification Card it may charge a fee to do so.

31.14                  The Bookmaker acknowledges and agrees that the Bookmaker is responsible for ensuring that it holds a valid general betting operating licence from the Gambling Commission authorising the Bookmaker's activities on the Racecourse.

31.15                  Notwithstanding Special Condition 31.14, the Bookmaker shall promptly notify the Executive in writing upon becoming aware of any fact or event that affects the status of the Bookmaker's general betting operating licence.  This would include a change to the corporate status of the Bookmaker (for example, converting from a partnership to a company, from a sole trader to a partnership or company, or vice versa).  In addition, the bookmaker shall promptly notify the Executive in writing of a change to the Bookmaker's trading name or a change of the Bookmaker's trading address.

Breach of Special Conditions E

31.16                  In addition to our rights to remove Attendees under the General Conditions of Entry, we reserve the right to remove from the Racecourse any Bookmaker or Staff who:

31.16.1    has or is likely to commit an offence;

31.16.2    has or is likely to commit a breach of these Special Conditions E;

31.16.3    behaves or is likely to behave in an unacceptable manner or unruly manner or in a manner likely to cause offence to other Attendees.

31.17                  If the Executive removes a Bookmaker or member of Staff or becomes aware of any act by a Bookmaker or member of staff which gave the Executive a right to remove or refuse entry to a Bookmaker, we shall, at our sole discretion, decide whether any action shall be taken against the Bookmaker or member of Staff.  Such action may include a restriction prohibiting the Bookmaker or member of Staff from entering the Racecourse and/or Betting Area either indefinitely or for such period of time as we deem appropriate.

31.18                  Bookmakers shall be fully liable and responsible for the conduct and actions of their Staff.  Any breach of the General Conditions or these Special Conditions E by any Staff engaged by a Bookmaker shall be treated and be liable to incur the same penalties as if it were a breach by the Bookmaker him or herself.

31.19                  We shall not have any liability or responsibility for any loss, damage or any other harm suffered or incurred by any Bookmaker or Staff arising from the admission, non-admission or expulsion of any Bookmaker or Staff from the Racecourse or the Betting Area.

31.20                  Any failure or delay by us, our officials or our Betting Ring Manager to insist upon strict observance of these Special Conditions E or to exercise our rights under these Special Conditions E or at law shall not be construed as a waiver of our rights and shall not prevent us from exercising any of our rights under these Special Conditions E.

SPECIAL CONDITIONS F - CONTRACTORS, TRADES AND EXHIBITORS 31.

32. cope of Special Conditions F

32.1.1   These Special Conditions F apply to all Attendees who are not permitted to enter the Racecourse under any of the other Special Conditions but who have been permitted by the Executive to carry on a trade, advertise, distribute leaflets or conduct any other commercial or promotional activities on the Racecourse which would otherwise be prohibited by Condition 7. 

32.1.2   Only those Attendees who have been granted express written permission by us to enter the Racecourse on the basis of these Special Conditions F (a Commercial Authorisation) shall be entitled to do so (Authorised Commercial Attendees).  All Attendees wishing to obtain Commercial Authorisation must apply to us well in advance of the date of the fixture on which they wish to carry on a commercial or promotional activity.  We shall be entitled to take a reasonable period to assess and respond to any such request and to negotiate and agree the terms of any Commercial Authorisation.

32.3        These Special Conditions F apply whether or not an Authorised Commercial Attendee holds a badge, PASS Card or other entitlement to enter the Racecourse.

33        Entitlement to Carry on a Trade, Advertise, Distribute Leaflets and Conduct other Commercial or Promotional Activities

33.1        We will grant all Commercial Authorisations in writing.  Only written Commercial Authorisations will be valid and binding upon us.

33.2        All Authorised Commercial Attendees must produce satisfactory evidence of the Commercial Authorisation upon demand.  We reserve the right to refuse entry to, or to expel, any Authorised Commercial Attendee who does not produce such evidence when asked to do so.

33.3        All Authorised Commercial Attendees granted access to the Racecourse under these Special Conditions F must hold and maintain, or their employers must hold and maintain, comprehensive and adequate public liability insurance with a reputable insurer on industry standard terms to cover a reasonable level of liability for any claim for which they may become liable as a result of any loss or damage which they cause whilst present on the Racecourse.  We reserve the right to refuse entry to, or to expel, any Attendee admitted under these Special Conditions F who does not produce satisfactory evidence of such insurance on demand or within such period as we may determine.

33.4        Authorised Commercial Attendees must wear any form of identification issued by us to identify them as Authorised Commercial Attendees and will return any such identification upon request.

33.5        Authorised Commercial Attendees may only carry on the commercial activity expressly referred to in the relevant Commercial Authorisation and no other commercial activity.  We reserve the right to limit the physical areas on the Racecourse where an Authorised Commercial Attendee may carry on commercial activity and to specify the times at which he or she may do so.  We further reserve the right to make changes to the scope and other terms of any Commercial Authorisation where reasonably required for the smooth and safe operation of the Racecourse and to minimise disruption or annoyance to other Attendees.

33.6        Where we require Authorised Commercial Attendees to do so, you will demonstrate the trade and/or provide samples of the products, leaflets, advertising or other commercial or promotional materials you wish to distribute at the Racecourse.  Where we grant a Commercial Authorisation to carry on a particular trade or distribute a particular product or material the relevant Authorised Commercial Attendee will ensure that the actual trade, product or material will conform with any demonstration or sample you have provided to us in advance.  We shall be entitled to refuse entry to, or to expel, any Attendee where this requirement is not met.

33.7        All trades and other commercial or promotional activities carried on at the Racecourse on the terms of any Commercial Authorisation shall be carried on at the risk and liability of the relevant Authorised Commercial Attendee.  We shall have no liability for any such trade, commercial or promotional activity.  However, we shall be entitled to require an Authorised Commercial Attendee to reimburse us on an indemnity basis for any losses, liabilities, costs, claims or expenses we suffer or incur as a result of or in connection with any trade, commercial or promotional activity carried on by that Authorised Commercial Attendee.

ANNEX

BHA Instructions Relevant to Media

1.      The attention of all Members of the Media is drawn to the BHA Instruction No. 5.2(2), namely:

1.1    Photographers may not position themselves on the racing surface or on or above the take-off or landing side of a fence or hurdle and are to remain on the outside of any running rail

         Note: For Jump Racing the surface is deemed as the course in use for the particular race (for example, the hurdles or chase course).  This also includes any bypass of a hurdle or fence, whether it is in use or not.  For Flat racing, all photographers must be behind a running rail.

1.2    Photographers must not stand behind any wing of a fence or hurdle or protrude a camera through any part of a wing or stand between a double rail.

1.3    No remote cameras are to be attached to any wing or a fence or hurdle

1.4    No remote cameras are to be places on the take-off side of a fence or hurdle, except in a ditch or behind or in the wing on the non-bypass side.  Remote cameras may be positioned on the landing side of a fence (not hurdle) within and no further than six inches from the base of fence frame;

1.5    Tripods and ladders must not be used before or for 30 yards after a fence or hurdle on the side of the rail marking the layby of that fence or hurdle.  The tope step/platform of the ladder must not be higher than the running rail;

1.6    For Flat racing, ladders can only be used after the winning post (except in areas open to the public) and behind a double running rail or five yards back from a single running rail;

1.7    Photographers using a ladder must remain static on the ladder until all runners have gone past the site of the ladder;

1.8    Camera support spikes and mini-tripods may be used but must be behind the line of the running rail upright.

1.9    Photography inside the winners’ enclosure is to be restricted to those who are authorised by the Racecourse Association or Managing Executive (unless other accreditation arrangements are in place);

1.10  Photography is not to take place in the saddling boxes or the parade ring except with permission from the Managing Executive.

1.11  Photography is not to take place in the Weighing Room, except with permission from the BHA. Photography is not to take place in the Official Racecourse Stables, except with prior permission from the BHA.  Such permission will only be granted in exceptional circumstances.  Permission will not be granted for requests made on the day of racing;

1.12  Flash photography of horses is not permitted.  Flash photography may be allowed in specific areas or in adverse light conditions, with permission of the Racecourse Executive;

1.6    Photography of on-going medical or veterinary treatment is not permitted. Specific examples where photography is not considered acceptable, although the list is not exhaustive, include horses or riders undergoing treatment when screens have been erected, the interior of an ambulance when a patient is on board and inside designated treatment areas for both humans and equines.

2.                     Filming on the Racecourse is subject to contractual arrangements being in place prior to the raceday.  Advance contact should be made with the racecourse managing executive to arrange the necessary accreditation.

3.      The attention of all television and radio broadcasters is drawn to the BHA Instruction No. 5.1, namely:

3.1    Filming or radio interviews are not to take place on racedays in the following designated integrity areas without the prior permission of The BHA:

         Weighing Room complex (to include Weighing Room, Stewards’ Room and Jockeys’ Changing Rooms)  However, if the Managing Executive agrees, a mini-camera with an effects microphone may be installed in the Weighing Room itself without permission of the BHA, providing that the Stipendiary Steward and the Clerk of the Scales are informed beforehand:

         Sampling Unit

         Racecourse Stables (once BHA’s security provision is in force)

         Judges’ Box,

                  Stewards’ Viewing Boxes

                  The Start.

3.2    If broadcasters wish to use any of these areas for filming etc., racecourses should refer broadcasters to the Communications and Promotions Department at BHA’s Head Office (telephone no: 020 7152 0162), who will inform both the racecourse and the appropriate BHA Officials of the decision.  Officials will not allow filming to take place in designated integrity areas unless authorised beforehand by the PR Department.  If an urgent situation requires it, this authority may be obtained on the day by telephone;

3.3    The sitting of television cameras and the activities of broadcasters in all other areas of the Racecourse are matters to be decided by the managing executive, who must always take into account safety, the smooth running of the meeting and ensure compliance with the requirements of paragraphs 3.5 - 3.12 (shown below).

3.4    If BHA Officials consider that the activities of television crews in these areas are a threat to safety, the smooth running of the meeting or contravene paragraphs 3.5-3.12 below they will immediately inform the managing executive who will deal with the situation without delay in line with the requirements in paragraph 3.3

         Such activities would include:

         Distracting horses or riders whilst racing or on the way to the start

         Prejudicing safety in the Parade Ring, Winners Enclosure or between these areas and the racecourse

         Holding up jockeys before the start of a race, or delaying them unduly from returning to weigh in

         Note: These examples are not exhaustive, and other circumstance may pose a threat to safety or the smooth running of the meeting.

3.5    The proposal to introduce any new type of tracking camera must first be cleared for safety by television companies with the BHA Racing Department.

3.6    Also in the interests of safety, tracking cameras must travel no less than ten yards from the side of the course or, if this is impossible no less than 50 yards in front of the leading horse.  Vehicles carrying these cameras must be careful to avoid rapid acceleration or deceleration.

3.7    Any mobile camera designed to be carried by horse or rider must be authorised by the BHA. A protocol for its use will then be developed by the BHA with racing’s associations and the television companies.

3.8    Cameras at the start are not to be placed in such position that they will upset the horses or impede the starting procedures.

3.9     If cameras are positioned at the winning line, they must be sited so as not to interfere in any way with the photofinish mirror or the integrity cameras. They must also not be attached to either the winning post or any marker post. Where facilities for cameras are limited, the integrity cameras must be given priority.

3.10  Broadcast cameras must not restrict the view of the Racecourse Stewards, BHA Officials or integrity cameras.

3.11  The sitting of any cameras which encroach onto the track (for example overhead or in a fence etc) is to be agreed beforehand with the Inspector of Courses and the Racecourse Department.

3.12  Filming of ongoing medical or veterinary treatment is not permitted.  Specific examples where filming is not considered acceptable, although the list in not exhaustive, include horses or riders undergoing treatment when screens have been erected, the interior of  an ambulance when a patient is on board, and inside designated treatment areas for both humans and equines without prior permission from the Communications Department.

Published by Ascot Racecourse Ltd, January 2016

 

Ascot Hospitality - Consumer Terms & Conditions

1. Definitions

1.1 In these Conditions, unless the context otherwise requires:

“ARL” means Ascot Racecourse Limited

“Booking” means the Customer's booking for the Event as detailed in the Booking Form

“Booking Form” means the document confirming the Customer’s requirements for the Event which incorporates these Conditions

“Business Day” means a day other than Saturday, Sunday or a public holiday in England

“Business Hours” means between 9 am and 5 pm on a Business Day

“Charges” means the sums which the Customer has agreed to pay to ARL in respect of his/her Booking

“Conditions” means the terms and conditions contained in this document

“Contract” means the contract for the supply of Services by ARL to the Customer comprising these Conditions and the Booking Form

“Customer” means the company or other organisation by or on whose behalf the Booking is made for the Event

“Event” means the event specified in the Booking Form being a day on which horseracing is held at the Racecourse including, but not limited to, the Royal Meeting

“Guest” means any person attending the Event as part of the Customer’s Booking

“Racecourse” means all areas of Ascot Racecourse including car parks and official hospitality areas such as the Grandstand

“Royal Meeting” means the Royal Meeting known as Royal Ascot, held annually at the Racecourse. In 2014, the Royal Meeting is scheduled to take place between 17 June and 21 June (inclusive)

“Services” means the supply of food and drink and/or any catering and/or other services agreed between the parties as set out in the Booking Form

 

“VAT” means Value Added Tax or any similar tax in force from time to time

1.2 The headings in these Conditions are inserted only for convenience and shall not affect their construction.

1.3 Where appropriate, words importing the male, female or neuter genders shall include the other genders and words denoting a singular number only shall include the plural and vice versa.

1.4 Any reference to a Condition shall be construed as a reference to one of these Conditions.

1.5 If there is any inconsistency between the Conditions, and the Booking Form, priority shall be given first to the Conditions, then to the Booking Form

1.6 In these Conditions the words "other", "includes", "including" and "in particular" do not limit the generality of any preceding words and any words which follow them shall not be construed as being limited in scope to the same class as the preceding words where a wider construction is possible.

2. General

2.1 These Conditions shall apply to the Contract to the exclusion of any other terms and conditions contained or referred to in any quotation, letter or other communication between ARL and the Customer and the provisions of these Conditions shall prevail unless expressly varied in writing and signed by a director on ARL’s behalf.

2.2 No variation to the Booking Form shall be binding unless expressly agreed to in writing by ARL and signed on its behalf.

2.3 The rights provided in these Conditions are cumulative and shall not be deemed exclusive of any other rights to which either party may be entitled under the Contract or pursuant to the direction (howsoever embodied) of any court of competent jurisdiction or otherwise.

2.4 The Customer shall bring these Conditions to the attention of any Guests prior to the completion of purchase of the Booking.

2.5 The Customer shall (and shall ensure its Guests shall):

 

  1. not use the whole or any part of the Racecourse for any business purpose other than entertainment or hospitality;
  2. not display any branding, signage or other commercial identification at the Racecourse or undertake any product sampling or any other publicity or promotional activity at the Racecourse;
  3. not use the Racecourse or access to the Racecourse for the purpose of bookmaking;
  4. not bring any food or dinks into the Racecourse unless purchased from a caterer at the Racecourse;
  5. not use the Racecourse in such a way as to cause (in ARL’s opinion) any offence, nuisance, damage, disturbance, annoyance, interference or inconvenience to ARL or to any other users of the Racecourse.  ARL may, without prejudice to any other rights and remedies that ARL may have, remove the Customer and/or any Guest that ARL believes are behaving in such a way from the Racecourse and/or the Event.  In addition, the Customer acknowledges that ARL reserves the right to refuse entry to the Customer and/or any Guest, or to remove the Customer and/or any Guest from the Racecourse and/or the Event, temporarily or permanently if ARL reasonably believes that such individual is intoxicated or if granted entry will be disruptive to the enjoyment, comfort and/or safety of others or will commit an offence or will otherwise not comply with these Conditions;  and
  6. comply with any dress code for the Event.

 

2.6 For the safety of Guests and others, the Customer must follow all reasonable directions given to it by ARL or ARL’s agents at the Racecourse.

2.7 Access to the Racecourse is subject to any terms and conditions set out with the badges and the rules of the Racecourse.

2.8 No part of the Booking (including but not limited to any badges) may be sold, transferred, exchanged or used as a giveaway or used as a prize or as part of any sales promotion.

3. Charges and payment

3.1 A pro-forma invoice, detailing the Charges and ways to pay, will be sent to the Customer by ARL with the Booking Form for the Booking which is to be signed by the Customer. Payment of the pro-forma invoice is due at the time the Booking is made. Once ARL have received the signed Booking Form from the Customer and payment for the Booking in full, in cleared funds, ARL will confirm the Booking by return. Until the Booking Form is returned signed by the Customer and full payment in cleared funds has been received by ARL in relation to the Booking, the Booking shall be conditional and ARL shall be entitled to terminate the Contract and shall be under no obligation to provide you with the Booking or any part of it.   VAT invoices are only issued upon receipt of payment in accordance with these Conditions.

3.2 If the number of Guests that attend the Event is less than the number of Guests specified in the Booking Form then ARL will charge the Customer for the number of Guests on the Booking Form.

3.3 If the number of Guests that attend the Event is greater than the number of Guests specified in the Booking Form then ARL will charge the Customer for the actual number of Guests attending the Event. ARL's written approval prior to the Event is required for any number of Guests which is more than the Guests specified on the Booking Form as there may be restrictions on the number of Guests that can be accommodated. If the number of Guests that attend the Event is greater than the number specified in the Booking Form, ARL shall issue an invoice to the Customer for the additional charges which shall be payable by the Customer to ARL by no later than fourteen (14) days after the date of invoice, or if such notification is less than fourteen (14) days prior to the Event, payment of such additional charges shall be made immediately.

3.4 The Charges for the Event will be immediately due and payable in cleared funds (without right of set-off, counterclaim or other deduction) and, except as set out in clause 3.3 in relation to any additional Guests, shall be payable in full on the date of the Booking or, if earlier, the date set out on the Booking invoice.

3.5 The time of payment of any and/or all Charges shall be of the essence in the Contract. If the Customer fails to make a payment of the Charges in accordance with these payment terms, then ARL may cancel the Booking and the failure to pay in accordance with these Conditions shall be construed as a cancellation by the Customer and the provisions of clause 5.3 shall apply.

3.6 All Charges exclude VAT unless stated otherwise.

3.7 If, within five (5) days of the date of an invoice from ARL, the Customer has not notified ARL that it disputes whether amounts contained in such invoice are properly due, it shall be deemed to have accepted that the sums stated as payable are properly due and to have waived all its rights to subsequently dispute whether those sums are due.

4. Changes to the Charges

4.1 ARL shall publish price lists on an annual basis. The Charges for the Booking are the Charges set out in the price list that is in effect on the date of the Event not the price list that is in effect on the date the Booking was made.

4.2 ARL will make reasonable efforts to provide accurate information on the Charges. In some circumstances, a Booking may be made which is outside of the period covered by ARL's current price list. If this is the case, then ARL will advise the Customer when the price list that covers the Event becomes available.

5. Cancellation by the Customer

5.1 Any cancellation of a Booking must be by notice in writing by either party to the other and any refund (if any applicable) in accordance with clause 5.3 of these Conditions, of Charges by ARL shall be confirmed in such notice.

5.2 Subject to the provisions of this clause 5.2, the Customer may cancel its Booking within seven (7) days of the date on which it sent the Booking Form to ARL and ARL will refund any Charges that have been paid in full. However, if the Booking is made less than ninety (90) days before the date of the Event then this clause will not apply and ARL will refund the Charges as set out in clause 5.3 below.

5.3 Without prejudice to any other rights and remedies ARL may have, subject to clause 5.2 if the Customer cancels the Booking then ARL will refund the Charges as set out below:

(a)   if the Customer cancels more than 91 days (inclusive) before the Event then ARL will retain 25% of the Charges  and refund the balance of Charges paid; or

(b)   if the Customer cancels less than 90 days (inclusive) before the Event then ARL will retain (or the Customer will be liable to pay ARL) all of the Charges.

6. Cancellation by ARL

6.1 If the Event, or any part of a Customer’s Booking is cancelled then ARL shall at its discretion, use its reasonable endeavours to substitute an alternative for that Booking, or part of that Booking. If an alternative is not available then ARL will reimburse any Charges paid in respect of the Booking. Please note if the race meeting cancellation occurs after ARL has started to provide the Services at the Event then the provisions of this clause 6.1 shall not apply and all Charges shall be retained by ARL.

7. Inability to Provide an Aspect of the Services

7.1 If, for any reason ARL is unable to supply a part of the Services specified on the Booking Form, ARL shall notify the Customer as soon as possible. Where reasonably practicable, ARL shall replace the particular part of the Services with one of at least equal standard and value at no additional cost to the Customer. If it is not reasonably practicable for ARL to replace the part of the Service then ARL shall refund in full all sums paid by the Customer that relate to that part of the Services.

8. Variations

8.1 If the Customer wishes to change the Services detailed on the Booking Form after the date that the Booking is made, then the Customer must notify ARL in writing as soon as possible. ARL will notify the Customer if ARL is able to accommodate these changes and/or if they give rise to additional costs. Any changes to a Booking must be confirmed by ARL in writing. The Customer will have to pay for any additional costs resulting from the changes to the Booking, such charges being payable on confirmation of the variation by ARL.

8.2 ARL reserves the right not to vary the Contract.

9. Liability

9.1 Nothing in this Contract shall be interpreted or construed as excluding or limiting the liability of either party for any matter in respect of which it would be illegal or unlawful do so, including death or personal injury caused directly by such party's deliberate or negligent act or omission or breach of statutory duty.

9.2 Subject to clause 9.1, ARL shall not in any event be liable to return monies received or pay compensation or damages to a Customer or any third party (for whatever reason such compensation or damages may be due) in excess of the amounts paid to ARL for each Booking under the Booking Form.

9.3 Subject to clause 9.1, ARL shall not be liable to the Customer and any third party in contract, tort (including negligence and breach of statutory duty) or otherwise howsoever arising in connection with this Contract for:

  1. economic loss of any kind whatsoever;
  1. loss of profit, business contracts, revenues or anticipated profit, savings or damage to the Customer's reputation or goodwill or special loss;
  1. indirect, incidental, exemplary or consequential loss or damage; or
  1. (d) to the extent that any loss is caused wholly or partly by breach of any Condition by the Customer including any breach caused by a third party.

9.4 In respect of any event that gives rise to a claim under this Contract or otherwise howsoever arising, the Customer agrees to notify ARL within 14 Business Days of the event giving rise to the claim and ARL shall not otherwise be liable.

9.5 The Customer agrees that before bringing a claim for the same against ARL, the Customer shall use its best endeavours to recover losses, claims, demands or expenses incurred by it from its insurers instead of ARL and to the extent that it is successful in recovering such sums from its insurers ARL shall not be liable to the Customer.

10. Indemnity

The Customer shall indemnify and keep indemnified ARL for all loss of or damage to property at the Racecourse and ARL's expenses, costs and claims in respect of the same suffered or incurred by ARL (in whole or in part) during or as a result of the Event arising from or caused by (whether directly or indirectly) the acts or omissions of the Customer or any Guest.

11. Force Majeure

Neither party shall be liable for its inability to perform any obligation under this Contract where such inability is caused by civil war, riot, revolution, act(s) of terrorism, sabotage, storm, earthquake, flood, explosion, fire labour disputes or strikes, act(s) of government or by any other cause not within the reasonable control of the party claiming to be affected. Nothing in this clause shall affect any obligation on a Customer to make any payment to ARL.

12. Assignment and Subcontracting

12.1 The Customer shall not be entitled to assign or transfer the Contract, whether in whole or in part, without the prior written consent of ARL.

12.2 For the avoidance of doubt, ARL shall be entitled to assign and/or sub-contract the Services in whole or in part.

13. Entire Agreement

13.1 This Contract sets out the entire agreement and understanding between the parties and supersedes all previous agreements and arrangements between them with regard to such transactions. The Customer acknowledges that in entering into this Contract, it has not relied on any statements or representations of ARL not incorporated into this Contract. The Customer irrevocably and unconditionally waives any right it may have to claim damages and/or rescind this Contract by reason of any misrepresentation (other than a fraudulent misrepresentation) not contained in this Contract.

13.2 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 ARL shall provide the Services are expressly negatived by these Conditions to the fullest extent permitted by law.

13.3 No variation of the Contract shall be effective unless in writing and executed by or on behalf of each of the parties.

14 Waiver

Delay in exercising, or a failure to exercise, any right or remedy in connection with the Contract 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 the Contract shall not constitute a waiver of any subsequent breach.

15 Intellectual Property

All content in or on ARL’s website and brochures (including pictures, designs, logos and text) (“Content”) or otherwise is owned by or licensed to ARL. The Content is protected by copyright and other laws and the Customer shall not use nor procure the use of such content other than as permitted by ARL in writing.

16. Notices

16.1 All notices including any request for variation of the Services by the Customer, should be made in writing and sent by post to the address of the other party shown on the Booking Form.

16.2 A notice shall be deemed to have been received:

if delivered by hand within Business Hours when so delivered or, if delivered by hand outside Business Hours, at the start of the next Business Day;

  1. if sent by first class recorded delivery post on a Business Day, at 9.00 am on the second Business Day after posting; or,
  1. if the notice was not posted on a Business Day, at 9.00 am on the third Business Day after posting.

16.3 In proving service of a notice, it shall be sufficient to prove that delivery was made or that the envelope containing the notice was properly addressed and posted.

16.4 E-mail or fax notice shall not be valid for the purposes of these Conditions.

17. Relationship between Parties

Nothing in these Conditions 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.

18. Third Party Rights

No person who is not a party to the Contract is entitled to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

19. Severability

The parties intend each of these Conditions to be severable and distinct from the others. If a Condition 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 Conditions shall not be affected.

20. Governing Law and Jurisdiction

The Contract and these Conditions are governed by, and shall be interpreted in accordance with, English law and each party irrevocably submits to the exclusive jurisdiction of the English Courts in relation to all matters arising out of or in connection with the Contract

Sodexo Limited Trading as Ascot Hospitality: Business Terms and Conditions of Booking Services for an Event

Please note, these terms and conditions apply to any event at Ascot Racecourse and for the avoidance of doubt do not only apply to Royal Ascot.  The heading of Royal Ascot is for convenience only.

The following terms and conditions apply to and form part of the Contract entered into between Sodexo and a Customer making a booking for Services to be provided at an Event.

1 Definitions
1.1 In these Conditions, unless the context otherwise requires:

Act means any production company, performers, musicians or other live act or equipment

Booking means the Customer's booking for the provision of the Services at the Premises as detailed in the Event agreement

Event agreement means the document confirming the Customer’s requirements which is signed when entering into the Contract

Business Day means a day other than Saturday, Sunday or a public holiday in England

Business Hours means between 9 am and 5 pm on a Business Day

Charges means the sums payable to Sodexo in respect of the Services for the Event

Conditions means the terms and conditions contained in this document

Contract means the contract for the supply of Services by Sodexo to the Customer comprising these Conditions and the Event agreement

Customer means the company or other organisation by or on whose behalf the booking is made

Event of Force Majeure means, as regards a party, the occurrence of circumstances beyond the reasonable control of that party including (without limitation);

(a) industrial action, strikes, lockouts, blockades, riots, acts of war, acts of terrorism, piracy, destruction of essential equipment by fire, explosion, storm, flood, earthquake;
(b) failures of, shortages in or a loss of access to equipment, power, supplies, fuel or transport facilities;
(c) failure of a third party to provide required consent, exemption or clearance unless caused by the act or omission of either party;
(d) cancellation of the Event by a third party unless caused by the act or omission of either party;
(e) failure of a third party to permit reasonable advance access to the Premises or to provide proper and reasonable food preparation amenities unless caused by the act or omission of either party; or
(f) failure of a third party to permit access to the Premises unless caused by the act or omission of either party.

Event means the event, party or other occasion at which the Services are to be provided

Guest means any person attending the Event

Premises means the rooms or locations within the venue, stadium or other premises at which the Services are to be provided

Sodexo means Sodexo Limited, trading as Ascot Hospitality

Services means the supply of food and drink and/or any catering and/or other services agreed between the parties as set out in the Event agreement

VAT means Value Added Tax or any similar tax in force from time to time

1.2 The headings in these Conditions are inserted only for convenience and shall not affect their construction.

1.3 Where appropriate, words importing the male, female or neuter genders shall include the other genders and words denoting a singular number only shall include the plural and vice versa.

1.4 Any reference to a Condition shall be construed as a reference to one of these Conditions.

1.5 If there is any inconsistency between the Conditions and the Event agreement, priority shall be given first to the Conditions, then to the Event agreement

1.6 In these Conditions the words "other", "includes", "including" and "in particular" do not limit the generality of any preceding words and any words which follow them shall not be construed as being limited in scope to the same class as the preceding words where a wider construction is possible.

2 General
2.1 These Conditions shall apply to the Contract to the exclusion of any other terms and conditions contained or referred to in any quotation, letter or other communication, save as set out in the Event agreement, between Sodexo and the Customer and the provisions of these Conditions shall prevail unless expressly varied in writing and signed by a director on Sodexo’s behalf.

2.2 No variation to the Event agreement shall be binding unless expressly agreed to in writing by Sodexo and signed on its behalf.

2.3 The rights provided in these Conditions are cumulative and shall not be deemed exclusive of any other rights to which either party may be entitled under the Contract or pursuant to the direction (howsoever embodied) of any court of competent jurisdiction or otherwise.

2.4 Where the Contract only relates to the provision of food and beverages as part of a hospitality package at an Event, these Conditions shall apply only in so far as they are relevant to that situation.

3 Formation of Contract
3.1 The Contract is formed when Sodexo receives the signed Event agreement and payment in full for the booking in cleared funds and no booking shall be binding on Sodexo until Sodexo issues a confirmation of acceptance. Signature by Sodexo of the Event agreement shall be confirmation of acceptance subject to receipt of cleared funds of full payme.

4 Appointment of Sodexo
4.1 The Customer appoints Sodexo as the Customer's exclusive provider of the Services at the Event. Accordingly, the Customer agrees that it shall not provide the Services itself, nor shall it appoint or allow anyone other than Sodexo to provide the Services at the Event.

4.2 The Customer shall not hinder or delay or otherwise prevent Sodexo's performance of the Services and the Customer shall provide Sodexo with all reasonable assistance and cooperation for Sodexo to perform its obligations under the Contract.

4.3 The Customer shall promptly: (a) provide to Sodexo all information which Sodexo may reasonably require to enable it to perform the Services. (b) if the Customer becomes aware that it has supplied incorrect or insufficient information to Sodexo, the Customer shall provide Sodexo forthwith with corrected and/or additional information.

5 Sodexo's Obligations
Sodexo shall perform the Services:

(a) with all reasonable care and skill;
(b) in accordance with good industry practice; and
(c) in accordance with all legislation, statutes, regulations and other enactments having the force of law from time to time which are applicable to the provision of the Services.

6 Customer’s Obligations
6.1 The Customer shall:

(a) pay the Charges promptly as such sums become due to be paid;
(b) obey all reasonable instructions given by Sodexo staff at the Event and procure that Guests and/or the Act obey all reasonable instructions given by Sodexo staff at the Event;
(c) pay the cost of clearing up unreasonable debris (including but not limited to party string or vomit) resulting from acts of the Customer, Guests, and/or the Act;
(d) not, and shall procure that Guests and the Act, damage or deface the Premises in any manner whatsoever nor allow or permit a breach of the law or in any way cause a nuisance or be an infringement of any licence for music and dancing or the sale of alcohol. Failure to comply with this Condition shall constitute a breach of these Conditions and entitle Sodexo to require the offending Guest(s), employee(s) of the Customer or persons employed in the Act to leave the Event;
(e) not permit Guests to consume any food or drink within the Premises except for that supplied as part of the Services, unless otherwise agreed with Sodexo;
(f) not introduce or attempt to introduce nor permit the introduction of any signage or other publicity material into the Event or onto the Premises without Sodexo's prior written consent;
(g) obtain Sodexo's prior written consent before hiring any Act for the Event;
(h) ensure that the Act has public liability insurance (and is able to provide evidence that it holds public liability insurance) to the value of at least £2 million to cover any death of or injury to any person or the loss of or damage to any property resulting from the malfunction of the Act's equipment and from their actions generally; and
(i) ensure that the Act has portable appliance testing undertaken on all of the equipment which it uses at the Premises and is able to provide evidence that such testing has been undertaken.

6.2 Any materials, goods, supplies or other items delivered, held or stored on the Premises on the Customers behalf shall be at the Customers sole risk and Sodexo shall not be liable for any loss or damage howsoever caused to such items.

 

7 Charges and payment

7.1 If the number of Guests that attend the Event is less than the number of Guests specified in the Event agreement then Sodexo will charge the contact for the number of Guests on the Event agreement.

7.2 If the number of Guests that attend the Event is greater than the number of Guests specified on the Event agreement then Sodexo will charge the contact for the actual number of Guests attending the event. Sodexo's written approval prior to the event is required for any number of Guests which is more than the Guests specified on the Event agreement as there may restrictions on the number of Guests that can be accommodated.

7.3 The Charges for the Event will be due immediately and payable in cleared funds (without right of set-off, counterclaim or other deduction) at the time of making the Booking: 25% of the Charges (Deposit); and and must be with Sodexo in cleared funds by no later than fourteen (14) days from the date of the booking or, if earlier, the date set out on your event agreement.

7.4 The time of payment shall be of the essence in the Contract. If the Customer fails to make a payment of the Charges in accordance with these payment due dates then Sodexo may cancel the Booking and this shall be construed as a Cancellation by the Customer and the provisions of clause 9.3 shall apply.

7.5 If the number of Guests that attend the event is greater than the number specified in the Event agreement then Sodexo will charge for such additional Guests at the rate agreed in the Event agreement per Guest (Additional Charges)  or if otherwise notified by the customer if not set out in the vent agreement and if a payment card has been used then the Customer authorises Sodexo to charge this amount to the payment card used for the Booking.

7.6 Without prejudice to any other rights and remedies that Sodexo may have, if Sodexo does not cancel the Booking in the circumstances set out in Condition 7.4, Sodexo shall be entitled to charge daily interest at the rate of 3% above the HSBC plc base rate until such time as payment is made.

7.7 If the Customer pays any amount by debit or credit card, the card shall be charged at the time such payment is made.

7.8 The Customer authorises Sodexo to charge to its debit or credit card (as appropriate) any charges which the Customer incurs in respect of the Event and which remain unpaid at the conclusion of the Event

7.9 All Charges include VAT.

7.10 If, within 5 Business Days of the date of receipt of an invoice from Sodexo for any sum due under the Contract, the Customer has not notified Sodexo that it disputes whether amounts contained in such invoice are properly due it shall be deemed to have accepted that the sums stated as payable are properly due and to have waived all its rights to subsequently dispute whether those sums are due.

8 Changes to the Charges
8.1 Sodexo publish price lists on an annual basis. The Charges for the Booking are the Charges set out in the price list that is in effect on the date of the Event not the price list that is in effect on the date the Booking was made.

8.2 Sodexo will make reasonable efforts to provide accurate information on the Charges. In some circumstances, a Booking is made that is outside of the period covered by Sodexo's current price list. If this is the case, then Sodexo will advise the Customer when the price list that covers the Event becomes available.

9 Cancellation by the Customer
9.1 Any cancellation of a Booking must be by notice in writing and any refund (if any) of Charges by Sodexo shall be in accordance with this clause 9.

9.2 The Customer may cancel its Booking within seven (7) days of the date on which it sent the Event agreement to Sodexo. Sodexo will refund any Deposit and/or Charges that have been paid. However, if the Booking is made less than 90 days before the date of the Event then this clause will not apply and Sodexo will refund the Charges as set out in clause 9.3 below.

9.3 Without prejudice to any other rights and remedies Sodexo may have subject to cluase 9.2, if the Customer cancels the Booking then Sodexo will refund the Charges as set out below:

(a) (subject to clause 9.2) if the Customer cancels more than 91 days (inclusive) before the Event then Sodexo will retain 25% of the charges and refund the balance Charges paid; or
(b) if the Customer cancels less than 90 days (inclusive) before the Event then Sodexo will retain (or the Customer will be liable to pay Sodexo) all of the Charges.

10 Cancellation by Sodexo
10.1 Sodexo is entitled to cancel the Booking at any time more than 91 days (inclusive) prior to the Event. Sodexo shall notify the Customer in writing as soon as is reasonably practicable of such cancellation. In the event of such cancellation by Sodexo, Sodexo shall: (a) use its reasonable endeavours to offer an alternative date and/or venue; or, (b) refund in full all sums paid by the Customer, in respect of the booking, (at the Customer's discretion).

10.2 Sodexo may cancel a Booking forthwith by notice in writing, without prejudice to any other rights or remedies Sodexo may have, if the Customer becomes bankrupt or insolvent or enters into liquidation or receivership or is subject to an application for an administration order or suffers an administrative receiver to be appointed in relation to the whole or part of its assets or makes a composition with its creditors or suffers any judgment to be executed in relation to any of its property or assets.

10.3 Sporting venues: A sporting venue is made available to Sodexo on dates when there is not a sporting fixture. The relevant sports club advises Sodexo of scheduled fixtures but the sports club may require the sporting venue for non-scheduled short notice sporting fixtures. If a short notice sporting fixture occurs on the date of the Event then Sodexo will not be able to provide the Services and may cancel the Booking. If Sodexo cancels the Booking because of a short notice sporting fixture then Sodexo will (at Sodexo's discretion): (a) offer a reasonable alternative date and/or venue; or (b) reimburse any sums paid in respect of the Booking.

10.4 Race meetings: If the Booking is made in conjunction with a race meeting then if the race meeting is cancelled, Sodexo may cancel the Booking. If Sodexo cancels the Booking because of a race meeting cancellation then Sodexo will (at Sodexo's discretion): (a) offer a reasonable alternative date;and/or venue; or (b) will reimburse any sums paid in respect of the Booking. Please note if the race meeting cancellation occurs after Sodexo has started to provide the Services at the Event then the provisions of this clause 9.2 shall not apply.

11 Inability to Provide an Aspect of the Services
11.1 If, for any reason Sodexo is unable to supply a part of the Services specified on the Event agreement Sodexo shall notify the Customer as soon as possible. Where reasonably practicable, Sodexo shall replace the particular part of the Services with one of at least equal standard and value at no additional cost to the Customer. Sodexo shall agree the details of the replacement Service with the Customer. If it is not reasonably practicable for Sodexo to replace the part of the Service then Sodexo shall refund in full all sums paid by the Customer that relate to that part of the Services.

12 Variations
12.1 If the Customer wishes to change the Services detailed on the Event agreement after the date that the Booking is made, then the Customer must notify Sodexo in writing as soon as possible. Sodexo will notify the Customer if Sodexo is able to accommodate these changes and/or give rise to additional costs. Any changes to a Booking must be confirmed by Sodexo in writing. The Customer will have to pay for any additional costs resulting from the changes to the Booking.

12.2 Sodexo reserves the right not to vary the Contract.

Sodexo shall issue an invoice to the contact for the additional charges which shall be payable by the contact to Sodexo no later than fourteen (14) days after the date of invoiceor if such notification is less than fourteen (14) days prior to the event, payment of such additional charges shall be made immediately.

13 Liability
13.1 Nothing in this Agreement shall be interpreted or construed as excluding or limiting the liability of either party for any matter in respect of which it would be illegal or unlawful do so, including death or personal injury caused by such party's negligence or fraudulent misrepresentation.

13.2 Subject to clause 13.1, the total aggregate liability of Sodexo under or in connection with the Contract (whether in contract, for negligence, breach of statutory duty or otherwise) for any loss or damage of whatsoever nature and howsoever caused shall be limited to and in no circumstances shall exceed the Charges.

13.3 Subject to clause 13.1, Sodexo shall not be liable to the Customer in contract, tort (including negligence and breach of statutory duty) or otherwise howsoever arising in connection with this Contract for :

(a) economic loss of any kind whatsoever;
(b) loss of profit, business contracts, revenues or anticipated savings or damage to the Customer's reputation or goodwill or special loss;
(c) indirect or consequential loss or damage; or
(d) to the extent that any loss is caused wholly or partly by breach of any Condition by the Customer including any breach caused by a third party.

13.4 In respect of any event that gives rise to a claim under this Contract or otherwise howsoever arising, the Customer agrees to notify Sodexo within 14 Business Days of the event giving rise to the claim and Sodexo shall not otherwise be liable.

13.5 The Customer agrees that before bringing a claim for the same against Sodexo, the Customer shall use its best endeavours to recover losses, claims, demands or expenses incurred by it from its insurers instead of Sodexo and to the extent that it is successful in recovering such sums from its insurers Sodexo shall not be liable to the Customer.

14 Indemnity
14.1 The Customer shall indemnify and keep indemnified Sodexo for all loss of or damage to property at the Premises and Sodexo's expenses, costs and claims in respect of the same suffered or incurred by Sodexo (in whole or in part) during or as a result of the Event arising from or caused by (whether directly or indirectly) the acts or omissions of the Customer, any Guest or Act.

15 Force Majeure
15.1 Neither party shall be in breach of this Contract, nor liable for any failure or delay to perform any of its obligations (save in respect any payment obligation) in relation to a Booking due to an Event of Force Majeure the party concerned shall not incur any liability to the other except as specified in Condition 16.2.

16 Assignment and Subcontracting
16.1 Neither party shall be entitled to assign or transfer the Contract, whether in whole or in part, without the prior written consent of the other.

16.2 Notwithstanding Condition 16.1, Sodexo shall be entitled to sub-contract the Services in whole or in part provided that:

(a) it remains wholly responsible for the acts or omissions of its sub-contractors as if they were Sodexo's own acts or omissions; and
(b) prior to appointing any sub-contractor Sodexo shall use reasonable endeavours to verify that the sub-contractor will be able to provide the Services.

17 Entire Agreement
17.1 Each of the parties acknowledges that it is not entering into the Contract in reliance upon any representation, warranty, collateral contract or other assurance (except those set out in these Conditions and the documents referred to in it) made by or on behalf of any other party before the execution of the Contract. Each of the parties waives all rights and remedies which, but for this Condition 17, might otherwise be available to it in respect of any such representation, warranty, collateral contract or other assurance, provided that nothing in this Condition 17.1 shall limit or exclude any liability for fraud.

17.2 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 Sodexo shall provide the Services are expressly negatived by these Conditions to the fullest extent permitted by law.

17.3 No variation of the Contract shall be effective unless in writing and executed by or on behalf of each of the parties.

18 Waiver
Delay in exercising, or a failure to exercise, any right or remedy in connection with the Contract 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 the Contract shall not constitute a waiver of any subsequent breach.

19 Intellectual Property
All content in or on Sodexo’s website and brochures (including pictures, designs, logos and text) (Content) is owned by or licensed to Sodexo. The Content is protected by copyright and other laws and the Customer shall not use nor procure the use of such content other than as permitted by Sodexo in writing.

20 Personal Data
20.1 Any personal data received pursuant to this Contract is processed in accordance with Sodexos' privacy policy. To review the privacy policy: http://uk.sodexo.com/uken/privacy-policy.asp

21 Notices

21.1 All notices including any request for variation of the Services by the Customer, should be made in writing and sent by post or fax to the address of the other party shown on the Event Agreement.

21.2 Any notice sent by fax shall only be valid when the sender has received a receipt confirming a satisfactory fax transmission.

21.3 A notice shall be deemed to have been received:

(a) if delivered by hand within Business Hours when so delivered or, if delivered by hand outside Business Hours, at the start of the next Business Day;

(b) if sent by first class recorded delivery post on a Business Day, at 9.00 am on the second Business Day after posting; or, if the notice was not posted on a Business Day, at 9.00 am on the third Business Day after posting.

21.4 In proving service of a notice, it shall be sufficient to prove that delivery was made or that the envelope containing the notice was properly addressed and posted.

21.5 E-mail notice shall not be valid for the purposes of these Conditions.

22 Relationship between Parties
Nothing in these Conditions 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.

23 Third Party Rights
No person who is not a party to the Contract is entitled to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

24 Severability
The parties intend each of these Conditions to be severable and distinct from the others. If a Condition 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 Conditions shall not be affected.

25 Governing Law and Jurisdiction
The Contract and these Conditions are governed by, and shall be interpreted in accordance with, English law and each party irrevocably submits to the exclusive jurisdiction of the English Courts in relation to all matters arising out of or in connection with the Contract.

ROYAL ENCLOSURE TERMS AND CONDITIONS

The Royal Enclosure is a private enclosure at Ascot Racecourse which only operates during Royal Ascot.  It is only accessible to members and, on certain days, their guests.

  1. Membership

Existing members will be sent an invitation to apply for badges in January each year.  Applications can be made online and each member will be sent a unique number to allow secure applications to be made.

  1. Sponsorship and Membership

Members who have attended the Royal Enclosure for a minimum of four years (not necessarily consecutive) can sponsor new members by filling in the appropriate sponsorship form.  A member can only sponsor up to four new members in any one year.

There is no automatic right to membership of the Royal Enclosure.

The Ascot Authority will consider all sponsorship submissions and reserves the right, in its absolute discretion, to refuse membership to any potential new member without giving a reason.

In addition, the Ascot Authority may, in its absolute discretion, withdraw or suspend the membership of any member at any time (whether or not there has been a breach of these rules) and the Ascot Authority will not be required to give any reasons for the withdrawal of membership.

  1. Guests

Royal Enclosure members may bring up to two guests on Friday and up to two on Saturday (subject to availability).  Guests are unsponsored and only able to attend with the existing Royal Enclosure member who has invited them.  The Royal Enclosure regulations and dress code apply to all guests as well as members.

  1. Children

Children aged 10-16 (inclusive) may attend free of charge on Friday and/or Saturday but a badge must be requested in advance from the Royal Enclosure Office.

Babies and children under the age of 10 are not permitted in the Royal Enclosure on any day.

Buggies are not permitted in the Royal Enclosure.

  1. Badges and Refunds

By purchasing badges for the Royal Enclosure, members agree to be (and will be) bound by the terms and conditions of entry (see www.ascot.co.uk/terms-conditions for full details) as well as these rules. Members will also need to ensure their guests comply with the terms and conditions of entry and these rules.

In addition, the following rules apply specifically to Royal Enclosure badgeholders:

Badges are strictly non-transferable and shall not be purchased or otherwise obtained from or through any person, commercial agent or otherwise than directly by the member from the Royal Enclosure Office or online. Badges must not be given, used as prizes or incentives, sold or advertised for sale by any means.

Badges may only be worn and used by the person named on the badge. Badges can only be worn whilst adhering to the Royal Enclosure dress code.

If badges are being collected from the Royal Enclosure Office, it will be necessary to show acceptable proof of identity and a signature will be required.

Exchanges: Should you purchase daily badges and wish to exchange in advance of Royal Ascot for any reason, the following procedure must be adhered to:

  • Prior to 30th May 2014: Send a request to exchange via letter to the Royal Enclosure Office including the purchased badges and clearly indicate the day you wish to exchange to. New badges will be sent by post at no extra charge. Letters must be received by the Royal Enclosure Office no later than 30th May 2014.
  • After 30th May 2014: Send a request to exchange via letter or email to the Royal Enclosure Office and clearly indicate the day you have and the day you wish to exchange to. New badges will be issued at the Royal Enclosure Office on that day subject to the return in person of the badges to be exchanged. This email/letter must arrive at the Royal Enclosure Office no later than 13th June 2014.
  • Alternatively, badges can be exchanged in person from Monday to Friday between 2nd to 16th June (9am – 5pm) from the main Royal Enclosure Office to the left hand side of the main gates.
  • You will not be able to exchange your badges after 16th June 2014.

Refunds: Except in the case of abandonment prior to the 3rd race, no refunds are permitted. In certain instances a refund may be considered prior to Royal Ascot for extenuating personal circumstances. All refunds will be at the absolute discretion of the Chief Executive of Ascot Racecourse Limited. To be considered for a refund, please send the badges back to the Royal Enclosure Office to arrive by special delivery prior to 16th June with your request and a reason why a refund should be considered. No refunds will be considered for badges returned after 16th June. In the case of abandonment prior to the 3rd race, refunds will be granted in accordance with Ascot Racecourse Limited’s standard refund policy which can be found at www.ascot.co.uk. Requests for refunds should be sent to the Royal Enclosure Office.

Badges are issued (and exchanges granted) subject to availability.

Badges remain the property of Ascot Racecourse Limited.

  1. Dress Code

The dress code set out below is designed to help racegoers to dress appropriately for the occasion.

Please note that a different dress code applies for each enclosure.

Ladies

Ladies are kindly reminded that formal day wear is a requirement in the Royal Enclosure, defined as follows:

  • Dresses and skirts should be of modest length defined as falling just above the knee or longer.
  • Dresses and tops should have straps of one inch or greater.
  • Jackets and pashminas may be worn but dresses and tops underneath should still comply with the Royal Enclosure dress code.
  • Trouser suits are welcome. They should be of full length and of matching material and colour.
  • Hats should be worn; a headpiece which has a base of 4 inches (10cm) or more in diameter is acceptable as an alternative to a hat.

Ladies are kindly asked to note the following:

  • Strapless, off the shoulder, halter neck, spaghetti straps and dresses with a strap of less than one inch (2.5cm) are not permitted.
  • Midriffs must be covered.
  • Fascinators are not permitted in the Royal Enclosure; neither are headpieces which do not have a base covering a sufficient area of the head (4 inches / 10cm).

Gentlemen

Gentlemen are kindly reminded that it is a requirement to wear either black or grey morning dress which must include:

  • A waistcoat and tie (no cravats).
  • A black or grey top hat.
  • Black shoes.

A gentleman may remove his top hat within a restaurant, a private box, a private club or that facility’s terrace, balcony or garden. Hats may also be removed within any enclosed external seating area within the Royal Enclosure Garden.

The customisation of top hats (with, for example, coloured ribbons or bands) is not permitted in the Royal Enclosure.

Children (admitted on Friday and Saturday only)

Girls (aged 10-16) should be dressed for a formal occasion. Smart summer dresses are suggested. Hats, headpieces or a fascinator may be worn but are not compulsory.

Boys (aged 10-16) should either dress in accordance with the gentlemen’s dress code (as set out above); or alternatively may wear a dark-coloured lounge suit with a shirt and tie (whereupon no hat is required).

Overseas Visitors

Overseas visitors are welcome to wear the formal National Dress of their country or Service Dress.

Serving Military Personnel

Serving military personnel are welcome to wear Service Dress or equivalent.

  1. Behaviour

Members of the Royal Enclosure or their guests are expected to behave in a manner appropriate to a formal occasion.

Seat reservation in the viewing areas is not permitted.

Drunkenness, rowdy behaviour or intimidating other members will not be tolerated.

Any form of commercial activity is forbidden in the Royal Enclosure.  Ascot Racecourse Limited considers this to include branded umbrellas and branding on clothing or headwear, however subtle.

Whilst private photography is allowed, photographs taken at Ascot Racecourse may not be used for commercial or media purposes.  In addition, long lens cameras are forbidden, as is any filming.

Wheelchairs, both manual and motorised, are permitted in the Royal Enclosure.

Failure to follow acceptable standards and these rules (including the dress code), may lead to a member or any guest being refused admission to, or being asked to leave, the Royal Enclosure and a member or guest’s badges being confiscated.  In the event of a failure to follow dress codes, members and/or their guests may be permitted to remain in the Grandstand Enclosure

The Ascot Authority may keep and retain a record of applications, together with members' and related guests' behaviour and any breaches of these rules and any conditions governing entry to Ascot Racecourse generally. Members consent to the Ascot Authority holding and processing data relating to them for legal, enforcement and management purposes and, in particular, sensitive personal data (as defined in the Data Protection Act 1998) relating to the members and their guests.

 

  1. General Rules in relation to access to the Racecourse

 

Members are reminded that, amongst other terms and conditions governing entry to Ascot Racecourse:

The following items are not permitted to be brought into Ascot Racecourse: any items restricted by law; any food, drink, containers, bottles, cans (although picnics are permitted within the car parks); professional recording equipment; weapons; banners (including any banners bearing political, religious or advertising messages); flares; smoke bombs; air-horns; flagsticks; folding chairs or other furniture; and any other items reasonably considered by ARL to disrupt the event or the enjoyment, comfort and/or safety of other spectators.

Clothing, baggage, containers and property may be inspected and individuals searched prior to entry to Ascot Racecourse.  If any members or their guests do not agree to inspection when asked, they will be refused entry to the Ascot Racecourse.  Any prohibited items will either be confiscated or the member will be refused entry to Ascot Racecourse.

For safety and the safety of others, members and their guests must follow all reasonable directions given to them by Ascot Racecourse Limited.

No animals other than guide dogs are permitted to enter Ascot Racecourse.

Members and their guests may be filmed, recorded and/or photographed at Ascot Racecourse and Ascot Racecourse Limited (and others authorised by it) may use any film, photographs or recordings without making any payment.

Racing is a dangerous sport. Entry to Ascot Racecourse is at the member’s (and their guest’s) own risk.

  1. Royal  Enclosure  Car  Park  Rules  and  Regulations

Car Parks 1 and 2 are solely for use by Royal Enclosure members and their guests during Royal Ascot.

Car Parks 1, 2 and 7 are for cars only.  Ascot Racecourse Limited is unable to accommodate mini buses or oversized or commercial vehicles.

Please note that, without the appropriate passes displayed, cars will not be allowed into the Car Parks.  Car Park passes remain the property of Ascot Racecourse Limited.

Cars must be parked strictly in their berth confines and not overlap into neighbouring berths.

Access to Ascot Racecourse (which includes the Car Parks) and the Royal Enclosure is subject to the Royal Enclosure Rules and the terms and conditions of entry into Ascot Racecourse (see www.ascot.co.uk/terms-conditions for full details).

However, picnics may be enjoyed in the Car Parks (but not the Racecourse itself).  Ascot Racecourse Limited regrets it is not possible to provide additional space for gazebos or awnings.  Any gazebos or awnings erected within a car parking space in Car Parks 1 and 2 must be within the confines of that berth (and not overlap into neighbouring berths).  Gazebos and awnings must be taken down before racing commences where these have been erected within 50 metres of the Racecourse.  Ascot Racecourse Limited does however recommend taking down gazebos and awnings before racing commences as: Ascot Racecourse Limited is not responsible for any loss or damage to them; and customers will be liable for any damage caused by them to other customers or their cars.

Customers are not permitted to bring in external caterers to cater for their picnics in Car Parks 1, 2 and 7.  Commercial vehicles will not be admitted.

Private photography is allowed, however, photographs taken at Ascot Racecourse (including the Car Parks) may not be used for commercial or media purposes. Professional film crews are not permitted access.

Cars are not permitted to remain in the car parks overnight.  Car Parks open at 9am and close at 9pm.  Cars left overnight may be towed away.

Drunkenness, rowdy behaviour or intimidating other customers will not be tolerated.

Car Parks 1, 2 and 7 are not to be used for any commercial activity of any nature.    We consider commercial use to include branding on awnings and gazebos.  Customers may be asked to cover branding on other items such as cars, umbrellas and clothing where we believe (in our absolute discretion) that the branding is being used as part of any promotional or other commercial activity.

Ascot Racecourse Limited reserves the right to change any berth in Car Park 1 and 2 at its absolute discretion and/or to remove a berth completely.  Where a berth has been removed, Ascot Racecourse Limited will use its reasonable endeavours to allocate an alternative berth, subject to availability.

Ascot Racecourse Limited reserves the right to inspect and/or search cars prior to entry to the Car Parks.  If any customers or their guests do not agree to such inspection or searches when asked, they will be refused entry to the Car Park.

General Disclaimer

All cars are parked at the customer's risk.   Ascot Racecourse Limited, cannot be responsible for ensuring the safety of cars or their contents within the Car Parks, Ascot Racecourse Limited, The Crown Estate, The Ascot Authority and Ascot Racecourse Estates Limited and their servants and agents shall not be liable for any loss or damage to any cars or their contents whilst on the Car Parks unless the loss or damage has been caused by their negligence.

Ascot Racecourse Limited, The Crown Estate, The Ascot Authority and Ascot Racecourse Estates Limited and their servants and agents shall not be liable for any death or injury to any person on the Car Parks except where such death or personal injury to persons is caused by their negligence or their deliberate act or omission.

 For an electronic version of these terms and conditions please visit www.ascot.co.uk/royalenclosurerules

Red Bull Ticketing Terms and Conditions

RED BULL AIR RACE - TICKETING TERMS AND CONDITIONS

Tickets are sold to The Red Bull Air Race Championship (Event) and access to Ascot Racecourse (Racecourse) is granted subject to the terms and conditions set out below.

By purchasing tickets to the Event (Tickets) you agree to be bound by the following terms and conditions:

  1. All Tickets issued by or on behalf of Ascot Racecourse Limited (ARL) are and shall remain at all times the property of ARL. You will, on demand, deliver up any Tickets held by you (or on your behalf) to ARL.
  2. Access to the Event does not give you the right to enter all areas of the Racecourse. The Event shall be held in an area of the Racecourse (and possibly on surrounding land) as determined by ARL and you shall be granted access to those areas permitted by ARL and/or as set out in the Ticket.
  3. Failure to comply with the terms and conditions set out below may lead to you being refused admission to or being ejected from the Racecourse or the Tickets that you purchased being void. No refunds will be given in such case to either you or the Ticket holder.
  4. If you are also purchasing hospitality services from ARL, additional terms and conditions relating to such hospitality services shall apply. ARL can direct you to such terms if applicable on request.

Transferability

  1. Except as expressly permitted below or with the prior written permission of ARL, you may not:
    1. purchase Tickets to the Event on behalf of or as agent for any third party;
    2. resell, transfer or exchange your Tickets; or
    3. use any Tickets as part of any marketing, media or sales promotion, whether commercial or not, including as prizes in competitions or as part of a hospitality, travel and/or accommodation package, or for any other commercial or promotional purpose;
  2. You are entitled to purchase Tickets to the Event for use only by you and by any person(s) intending to accompany you to the Event at the Racecourse as your guest, provided that those person(s) do not pay to you more than the face value of the Ticket. Ticket holders may be refused entry to the Racecourse if they are not accompanying you, the purchaser. You must ensure that any person(s) accompanying you are aware of these terms and conditions.
  3. Any Tickets purchased, sold, transferred, exchanged or given away in breach of these terms will be voidable at ARL’s option. ARL will refuse the holder of such Tickets access to the Racecourse (or eject them from the Racecourse) and the holder of such Tickets will be required to deliver up the Ticket to ARL on demand.

Liability

  1. Entry to the Racecourse is at your own risk. Given the nature of the Event, you acknowledge that your attendance to the Event carries a high degree of risk and comes with responsibilities. You must, at all times, remain vigilant and exercise a high degree of caution and care.
  2. ARL, Red Bull Air Race GmbH (Red Bull), their employees and/or agents, will not be liable to you (or any Ticket holder accompanying you) for any personal injury, death, loss or damage to your (or their) property however caused except in relation to death or personal injury caused by any wilful or negligent act or breach of statutory duty of ARL, Red Bull or their employees or agents.
  3. ARL, Red Bull, their employees and/or agents will not, in any event be responsible for any loss not reasonably foreseeable by ARL at the time of the sale of the Tickets. To this end, to the extent permitted by law, ARL, Red Bull, their employees and agents, shall not be liable to you and/or any third party in contract, tort (including negligence and breach of statutory duty) or otherwise howsoever arising in connection with the Event for:
    1. economic loss of any kind whatsoever;
    2. loss of profit, business contracts, revenues or anticipated profit, savings or damage to you or your reputation or goodwill or special loss;
    3. indirect, incidental, exemplary or consequential loss or damage; or
    4. any loss which is caused wholly or partly by the breach of any terms set out herein.
  4. You shall indemnify and keep indemnified ARL, Red Bull and their employees and agents for all loss of or damage to property at the Racecourse and all expenses, costs and claims in respect of the same suffered or incurred by ARL, Red Bull or their employees and/or agents during or as a result of the Event arising from or caused by you (whether directly or indirectly) and/or your acts or omissions.

Refunds and Cancellation

  1. In order to minimise fraud and maximise security, no refunds or duplicates can be given for any lost, stolen or misplaced Tickets.
  2. Subject to your statutory rights, ARL reserves the right to alter the Event at any time including but not limited to altering the date of the Event and starting and end times. Except as set out below, no refunds will be given in any circumstances. You are therefore advised to choose your Tickets carefully.
  3. In the event of cancellation, abandonment or postponement of the Event for which you have purchased a Ticket, then, provided neither you nor the Ticket holder is in breach of any of these terms and conditions, the following shall apply:
    1. if the Event is cancelled, abandoned or postponed and it is rescheduled for any alternative date, your Tickets to the Event shall be valid for entry at such rescheduled Event; or
    2. if the Event is cancelled, abandoned or postponed and it is: (i) not rescheduled; or (ii) it is rescheduled but you are unable to attend the Event on the rescheduled Event date, you will be entitled to a full refund of the face vale of the ticket(s) you have purchased.
  4. If you are entitled to a refund, you must apply in writing within 28 days of the original date of the Event, to: The Sales Manager, Ascot Racecourse, Ascot, Berkshire, SL5 7JX. All such applications must enclose all Tickets originally issued to you.

Entry to the Racecourse

  1. You must have a valid Ticket for the Event to enter the Racecourse. Tickets will not be valid unless presented intact at the gate. While at the Event, you must keep your Ticket with you at all times.
  2. ARL reserves the right to refuse you entry to the Racecourse if it reasonably believes you are intoxicated or if granted entry you will be disruptive to the Event or to the enjoyment, comfort or safety of the Event (including its participants and all staff) or other Ticket holders or will commit an offence or will not comply with these terms and conditions. No refunds will be given if entry is refused.
  3. ARL reserves the right to eject you from the Racecourse if it reasonably believes you are intoxicated or you are disruptive to the Event or to the enjoyment, comfort or safety of the Event (including its participants and all staff) or other Ticket holders or have or are likely to commit an offence or will not otherwise comply with these terms and conditions. No refunds will be given if you are ejected.
  4. In the interests of security, no readmission will be permitted to the Racecourse under any circumstances.
  5. You are not permitted to bring onto the Racecourse any prohibited items. Prohibited items include without limitation: any items restricted by law; any food, drink, containers, bottles, cans; professional recording equipment; weapons; banners (including any banners bearing political, religious or advertising messages); flares; smoke bombs; air-horns; flagsticks; and any other items reasonably considered by ARL to disrupt the Event or the enjoyment, comfort and/or safety of other ticket holders.
  6. You consent to the inspection of your clothing, baggage, containers and person and property for prohibited items prior to your entry to the Racecourse. If you do not agree to the inspection you will be refused entry to the Racecourse. If you are carrying prohibited items, these will either be confiscated or you will be refused entry to the Racecourse.
  7. For your safety and the safety of others, you must follow all directions given to you by ARL, Red Bull and/or its employees and agents at the Racecourse. Failure to follow such directions may result in you being ejected from the Racecourse.
  8. No animals other than guide dogs are permitted to enter the Racecourse.

Filming

  1. No professional cameras, video recorders or any other form of professional audio visual recording equipment will be allowed in the Racecourse. Any photographs/video recordings or other images of the Event taken by you cannot be used for any purpose other than private or domestic purposes (that is, you cannot sell, licence, broadcast, publish or otherwise commercially exploit them).
  2. You consent to be filmed, photographed and otherwise recorded by ARL or any third party authorised by ARL, including but not limited to Red Bull. You grant ARL and any third party authorised by ARL the right to broadcast, publish, licence and use any photographs, film, recordings or images of you without payment or other compensation.
  3. Paragraphs 16 to 25 apply to all Ticket holders and “you” should be considered a reference to all and any Ticket holders, including your guests.

Other Terms

  1. In addition to the terms and conditions set out above, access to the Racecourse will be granted subject to the rules and regulations of the Racecourse (Racecourse Rules) which are displayed outside and around the Racecourse.  A copy of the Racecourse Rules are available on request
  2. These terms and conditions shall be governed by English law and you agree to submit to the non-exclusive jurisdiction of the English Courts.
  3. Chapterhouse Theatre terms and conditions can be found here

RED BULL AIR RACE - HOSPITALITY TERMS AND CONDITIONS

1. DEFINITIONS

1.1 In these Conditions, unless the context otherwise requires:

ARL means Ascot Racecourse Limited

Booking means the Customer's booking for the Event as detailed in the Booking Form to which ARL shall supply the Services

Booking Form means the document confirming the Customer’s requirements for the Event which incorporates these Conditions

Business Day means a day other than Saturday, Sunday or a public holiday in England

Business Hours means between 9 am and 5 pm on a Business Day

Charges means the sums which the Customer has agreed to pay to ARL in respect of his/her Booking

Conditions means these hospitality terms and conditions;

Contract means the contract for the supply of Services by ARL to the Customer comprising these Conditions and the Booking Form

Customer means the company or other organisation by or on whose behalf the Booking is made for the Event

Event means The Red Bull Air Race Championship

Guest means any person attending the Event as part of the Customer’s Booking

Racecourse means all areas of Ascot Racecourse including car parks and official hospitality areas such as the Grandstand

Services means the supply of food and drink and/or any catering and/or other services agreed between the parties as set out in the Booking Form at the Event

VAT means Value Added Tax or any similar tax in force from time to time

1.2 The headings in these Conditions are inserted only for convenience and shall not affect their construction.

1.3 Where appropriate, words importing the male, female or neuter genders shall include the other genders and words denoting a singular number only shall include the plural and vice versa.

1.4 Any reference to a Condition shall be construed as a reference to one of these Conditions.

1.5 If there is any inconsistency between the Conditions, and the Booking Form, priority shall be given first to the Conditions, then to the Booking Form

1.6 In these Conditions the words "other", "includes", "including" and "in particular" do not limit the generality of any preceding words and any words which follow them shall not be construed as being limited in scope to the same class as the preceding words where a wider construction is possible.

2. GENERAL

2.1 These Conditions relate to the provision of the Services by ARL to Customer at the Event.

2.2 These Conditions shall apply to the Contract to the exclusion of any other terms and conditions contained or referred to in any quotation, letter or other communication between ARL and the Customer EXCEPT the Event ticketing terms and conditions to which entrance to the Racecourse is subject together with the rules of the Racecourse.

2.3 No variation to the Booking Form shall be binding unless expressly agreed to in writing by ARL and signed on its behalf.

2.4 The rights provided in these Conditions are cumulative and shall not be deemed exclusive of any other rights to which either party may be entitled under the Contract or pursuant to the direction (howsoever embodied) of any court of competent jurisdiction or otherwise.

2.5 The Customer shall bring these Conditions to the attention of any Guests prior to the completion of purchase of the Booking.

2.6 The Customer shall (and shall ensure its Guests shall):

  1. not use the whole or any part of the Racecourse for any business purpose other than entertainment or hospitality;
  2. not display any branding, signage or other commercial identification at the Racecourse or undertake any product sampling or any other publicity or promotional activity at the Racecourse;
  3. not use the Racecourse or access to the Racecourse for the purpose of bookmaking;
  4. not bring any food or dinks into the Racecourse unless purchased from a caterer at the Racecourse;
  5. not use the Racecourse in such a way as to cause (in ARL’s opinion) any offence, nuisance, damage, disturbance, annoyance, interference or inconvenience to ARL or to any other users of the Racecourse.  ARL may, without prejudice to any other rights and remedies that ARL may have, remove the Customer and/or any Guest that ARL believes are behaving in such a way from the Racecourse and/or the Event. In addition, the Customer acknowledges that ARL reserves the right to refuse entry to the Customer and/or any Guest, or to remove the Customer and/or any Guest from the Racecourse and/or the Event, temporarily or permanently if ARL reasonably believes that such individual is intoxicated or if granted entry will be disruptive to the enjoyment, comfort and/or safety of others or will commit an offence or will otherwise not comply with these Conditions; and
  6. comply with any dress code for the Event.

2.7 For the safety of Guests and others, the Customer must follow all directions given to it by ARL or ARL’s agents at the Racecourse.

2.8 No part of the Booking (including but not limited to any tickets) may be sold, transferred, exchanged or used as a giveaway or used as a prize or as part of any sales promotion.

3. CHARGES AND PAYMENT

3.1 A pro-forma invoice, detailing the Charges and ways to pay, will be sent to the Customer by ARL with the Booking Form for the Booking which is to be signed by the Customer. Payment of the pro-forma invoice is due at the time the Booking is made. Once ARL have received the signed Booking Form from the Customer and payment for the Booking in full, in cleared funds, ARL will confirm the Booking by return. Until the Booking Form is returned signed by the Customer and full payment in cleared funds has been received by ARL in relation to the Booking, the Booking shall be conditional and ARL shall be entitled to terminate the Contract and shall be under no obligation to provide you with the Booking or any part of it. only issued upon receipt of payment in accordance with these Conditions.

3.2 If the number of Guests that attend the Event is less than the number of Guests specified in the Booking Form then ARL will charge the Customer for the number of Guests on the Booking Form.

3.3 If the number of Guests that attend the Event is greater than the number of Guests specified in the Booking Form then ARL will charge the Customer for the actual number of Guests attending the Event. ARL's written approval prior to the Event is required for any number of Guests which is more than the Guests specified on the Booking Form as there may be restrictions on the number of Guests that can be accommodated. If the number of Guests that attend the Event is greater than the number specified in the Booking Form, ARL shall issue an invoice to the Customer for the additional charges which shall be payable by the Customer to ARL by no later than fourteen (14) days after the date of invoice, or if such notification is less than fourteen (14) days prior to the Event, payment of such additional charges shall be made immediately.

3.4 The Charges for the Event will be immediately due and payable in cleared funds (without right of set-off, counterclaim or other deduction) and, except as set out in clause 3.3 in relation to any additional Guests, shall be payable in full on the date of the Booking or, if earlier, the date set out on the Booking invoice.

3.5 The time of payment of any and/or all Charges shall be of the essence in the Contract. If the Customer fails to make a payment of the Charges in accordance with these payment terms, then ARL may cancel the Booking and the failure to pay in accordance with these Conditions shall be construed as a cancellation by the Customer and the provisions of clause 5.3 shall apply.

3.6 All Charges exclude VAT unless stated otherwise.

3.7 If, within five (5) days of the date of an invoice from ARL, the Customer has not notified ARL that it disputes whether amounts contained in such invoice are properly due, it shall be deemed to have accepted that the sums stated as payable are properly due and to have waived all its rights to subsequently dispute whether those sums are due.

3.8 FOR THE AVOIDANCE OF DOUBT, THE CHARGES DO NOT INCLUDE THE COST OF ANY TICKETS TO THE EVENT. ALL TICKETS MUST BE PURCHASED SEPARATELY AND ARE SUBJECT TO THE EVENT TICKETING TERMS AND CONDITIONS.

4. CHANGES TO THE CHARGES

4.1 The Charges for the Booking are the Charges set out in the price list that is in effect on the date of the Event not the price list that is in effect on the date the Booking was made.

4.2 ARL will make reasonable efforts to provide accurate information on the Charges. In some circumstances, a Booking may be made which is outside of the period covered by ARL's current price list. If this is the case, then ARL will advise the Customer when the price list that covers the Event becomes available.

5. CANCELLATION BY THE CUSTOMER

5.1 Any cancellation of a Booking must be by notice in writing by one party to the other and any refund (if any applicable) in accordance with clause 5.3 of these Conditions of the Charges by ARL shall be confirmed in such notice.

5.2 Subject to the provisions of this clause 5.2, the Customer may cancel its Booking within seven (7) days of the date on which it sent the Booking Form to ARL and ARL will refund any Charges that have been paid in full. However, if the Booking is made less than ninety (90) days before the date of the Event then this clause will not apply and ARL will refund the Charges as set out in clause 5.3 below.

5.3 Without prejudice to any other rights and remedies ARL may have, subject to clause 5.2 if the Customer cancels the Booking then ARL will refund the Charges as set out below:

  1. if the Customer cancels more than 91 days (inclusive) before the Event then ARL will retain 25% of the Charges  and refund the balance of Charges paid; or
  2. if the Customer cancels less than 90 days (inclusive) before the Event then ARL will retain (or the Customer will be liable to pay ARL) all of the Charges.

5.4 FOR THE AVOIDANCE OF DOUBT, EXCEPT AS SET OUT IN THE EVENT TICKETING TERMS AND CONDITIONS NO REFUNDS SHALL BE GIVEN IN RESPECT OF THE COST OF THE TICKETS.

6. CANCELLATION BY ARL

6.1 If the Event, or any part of a Customer’s Booking is cancelled then ARL shall at its discretion, use its reasonable endeavours to substitute an alternative for that Booking, or part of that Booking. If an alternative is not available then ARL will reimburse any Charges paid in respect of the Booking. Please note if the Event cancellation occurs after ARL has started to provide the Services at the Event then the provisions of this clause 6.1 shall not apply and all Charges shall be retained by ARL.

6.2 FOR THE AVOIDANCE OF DOUBT, EXCEPT AS SET OUT IN THE EVENT TICKETING TERMS AND CONDITIONS NO REFUNDS SHALL BE GIVEN IN RESPECT OF THE COST OF THE TICKETS.

7. INABILITY TO PROVIDE AN ASPECT OF THE SERVICES

7.1 If, for any reason ARL is unable to supply a part of the Services specified on the Booking Form, ARL shall notify the Customer as soon as possible. Where reasonably practicable, ARL shall replace the particular part of the Services with one of at least equal standard and value at no additional cost to the Customer. If it is not reasonably practicable for ARL to replace the part of the Service then ARL shall refund in full all sums paid by the Customer that relate to that part of the Services.

8. VARIATIONS

8.1 If the Customer wishes to change the Services detailed on the Booking Form after the date that the Booking is made, then the Customer must notify ARL in writing as soon as possible. ARL will notify the Customer if ARL is able to accommodate these changes and/or if they give rise to additional costs. Any changes to a Booking must be confirmed by ARL in writing. The Customer will have to pay for any additional costs resulting from the changes to the Booking, such charges being payable on confirmation of the variation by ARL.

8.2 ARL reserves the right not to vary the Contract.

9. LIABILITY

9.1 Nothing in this Contract shall be interpreted or construed as excluding or limiting the liability of either party for any matter in respect of which it would be illegal or unlawful do so, including death or personal injury caused directly by such party's deliberate or negligent act or omission or breach of statutory duty.

9.2 Subject to clause 9.1, ARL shall not in any event be liable to return monies received or pay compensation or damages to a Customer or any third party (for whatever reason such compensation or damages may be due) in excess of the amounts paid to ARL for each Booking under the Booking Form.

9.3 Subject to clause 9.1, ARL shall not be liable to the Customer and any third party in contract, tort (including negligence and breach of statutory duty) or otherwise howsoever arising in connection with this Contract for:

  1. economic loss of any kind whatsoever;
  2. loss of profit, business contracts, revenues or anticipated profit, savings or damage to the Customer's reputation or goodwill or special loss;
  3. indirect, incidental, exemplary or consequential loss or damage; or
  4. to the extent that any loss is caused wholly or partly by breach of any Condition by the Customer including any breach caused by a third party.

9.4 In respect of any event that gives rise to a claim under this Contract or otherwise howsoever arising, the Customer agrees to notify ARL within 14 Business Days of the event giving rise to the claim and ARL shall not otherwise be liable.

9.5 The Customer agrees that before bringing a claim for the same against ARL, the Customer shall use its best endeavours to recover losses, claims, demands or expenses incurred by it from its insurers instead of ARL and to the extent that it is successful in recovering such sums from its insurers ARL shall not be liable to the Customer.

10. INDEMNITY

The Customer shall indemnify and keep indemnified ARL for all loss of or damage to property at the Racecourse and ARL's expenses, costs and claims in respect of the same suffered or incurred by ARL (in whole or in part) during or as a result of the Event arising from or caused by (whether directly or indirectly) the acts or omissions of the Customer or any Guest.

11. FORCE MAJEURE

Neither party shall be liable for its inability to perform any obligation under this Contract where such inability is caused by civil war, riot, revolution, act(s) of terrorism, sabotage, storm, earthquake, flood, explosion, fire labour disputes or strikes, act(s) of government or by any other cause not within the reasonable control of the party claiming to be affected. Nothing in this clause shall affect any obligation on a Customer to make any payment to ARL.

12. ASSIGNMENT AND SUBCONTRACTING

12.1 The Customer shall not be entitled to assign or transfer the Contract, whether in whole or in part, without the prior written consent of ARL.

12.2 For the avoidance of doubt, ARL shall be entitled to assign and/or sub-contract the Services in whole or in part.

13. ENTIRE AGREEMENT

13.1 Save for the Event ticketing terms and conditions, this Contract sets out the entire agreement and understanding between the parties and supersedes all previous agreements and arrangements between them with regard to such transactions. The Customer acknowledges that in entering into this Contract, it has not relied on any statements or representations of ARL not incorporated into this Contract. The Customer irrevocably and unconditionally waives any right it may have to claim damages and/or rescind this Contract by reason of any misrepresentation (other than a fraudulent misrepresentation) not contained in this Contract.

13.2 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 ARL shall provide the Services are expressly negated by these Conditions to the fullest extent permitted by law.

13.3 No variation of the Contract shall be effective unless in writing and executed by or on behalf of each of the parties.

14. WAIVER

Delay in exercising, or a failure to exercise, any right or remedy in connection with the Contract 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 the Contract shall not constitute a waiver of any subsequent breach.

15. INTELLECTUAL PROPERTY

All content in or on ARL’s website and brochures (including pictures, designs, logos and text) (“Content”) or otherwise is owned by or licensed to ARL. The Content is protected by copyright and other laws and the Customer shall not use nor procure the use of such content other than as permitted by ARL in writing.

16. NOTICES

16.1 All notices including any request for variation of the Services by the Customer, should be made in writing and sent by post to the address of the other party shown on the Booking Form.

16.2 A notice shall be deemed to have been received:

  1. if delivered by hand within Business Hours when so delivered or, if delivered by hand outside Business Hours, at the start of the next Business Day;
  2. if sent by first class recorded delivery post on a Business Day, at 9.00 am on the second Business Day after posting; or,
  3. if the notice was not posted on a Business Day, at 9.00 am on the third Business Day after posting.

16.3 In proving service of a notice, it shall be sufficient to prove that delivery was made or that the envelope containing the notice was properly addressed and posted.

16.4 E-mail or fax notice shall not be valid for the purposes of these Conditions.

17. RELATIONSHIP BETWEEN PARTIES

Nothing in these Conditions 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.

18. THIRD PARTY RIGHTS

No person who is not a party to the Contract is entitled to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

19. SEVERABILITY

The parties intend each of these Conditions to be severable and distinct from the others. If a Condition 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 Conditions shall not be affected.

20. GOVERNING LAW AND JURISDICTION

The Contract and these Conditions are governed by, and shall be interpreted in accordance with, English law and each party irrevocably submits to the exclusive jurisdiction of the English Courts in relation to all matters arising out of or in connection with the Contract.