Legal & Privacy

Bath Rugby Limited

Registered Office
Farleigh House, Farleigh Hungerford, Bath, BA2 7RW

Registered Company Number
3170814

VAT Number
667291013

Registered in England.

INTRODUCTION

This document refers to personal data, which is defined as information concerning any living person (a natural person who hereafter will be called the Data Subject) that is not already in the public domain.

The UK General Data Protection Regulation (GDPR) and the Data Protection Act 2018 seek to protect and enhance the rights of data subjects. These rights cover the safeguarding of personal data, protection against the unlawful processing of personal data and the unrestricted movement of personal data within the UK. It should be noted that GDPR does not apply to information already in the public domain.

Bath Rugby Limited is pleased to provide the following Privacy Notice:

PERSONAL DATA

Bath Rugby uses the information collected from the data subject to provide requested organisational services. In making initial contact the data subject consents to Bath Rugby maintaining a dialogue with them until they either opt out (which they can do at any stage) or Bath Rugby decide to desist in promoting given services.

Any information Bath Rugby holds about the data subject or their business activities encompasses all the details Bath Rugby holds about the data subject and any supplementary records.

Bath Rugby will only collect the information needed so that it can provide the data subject with organisational services and supplementary services that align themselves with those of Bath Rugby (e.g. services relating to Premiership Rugby Limited or the Rugby Football Union, and associated companies relating to Bath Rugby such as Farleigh Performance Limited). Such supplementary services include insight analytics to inform strategic decisions and improve the effectiveness of Bath Rugby’s marketing activities.

In order to meet its contractual obligations, Bath Rugby will utilise multiple third-party controllers and processors. Some examples of such third parties are as follows:

When working with Bath Rugby, it will be ensured that the third party is fully GDPR compliant through contractual requirement.

TYPES OF PERSONAL DATA COLLECTED

For the specific services requested by the data subject Bath Rugby will generally collect the following (but not limited to the following data) data at the point of request:

• Name
• Address
• Date of Birth
• Email
• Telephone Number
• Gender
• Method of Payment Details

LEGAL BASIS FOR PROCESSING PERSONAL DATA

• To meet Bath Rugby contractual obligations to clients and to also respond to marketing enquiries.
• Legitimate interests pursued by Bath Rugby and/or its clients to inform strategic decisions.
• To promote the marketing and consulting services offered by Bath Rugby and/or to market the services and/or products offered.
• Bath Rugby shares personal information with third parties who deliver targeted marketing campaigns and personalise experiences online.

CONSENT

Through agreeing to this privacy notice the data subject is consenting to Bath Rugby processing personal data for the purposes outlined.

The data subject may withdraw consent at any time by emailing dataprotection@bathrugby.com or writing to Bath Rugby, see last section of this document for full contact details.

COokie policy

To help make the ads you see after browsing our website more relevant and personal to data subjects, Bath Rugby uses cookies to show advertisements on websites across the internet based on your past activity on our website. 

Click here to view the Bath Rugby Cookie Policy.

DISCLOSURE

Bath Rugby may on occasions pass Personal Information to third parties exclusively to process work on its behalf. Bath Rugby requires these parties to agree to process this information based on our instructions and requirements consistent with this Privacy Notice and GDPR.

Bath Rugby do not broker or pass on information gained without the data subject’s consent. However, Bath Rugby may disclose your Personal Information to meet legal obligations, regulations or valid governmental request. Any third party may also enforce its Terms and Conditions, including investigating potential violations of its Terms and Conditions to detect, prevent or mitigate fraud or security or technical issues; or to protect against imminent harm to the rights, property or safety of Bath Rugby, its clients and/or the wider community.

RETENTION POLICY

Bath Rugby will process personal data during the duration of any contract and will continue to store only the personal data needed for ten years after the contract has expired to meet any legal obligations.

DATA STORAGE

Data is held in within the UK only, be this on premise or cloud services.

Rights as a Data Subject

• At any point whilst Bath Rugby is in possession of or processing your personal data, all data subjects have the following rights:
• Right of access – data subjects have the right to request a copy of the information that we hold about you.
• Right of rectification – data subjects have a right to correct data that we hold about you that is inaccurate or incomplete.
• Right to be forgotten – in certain circumstances the data subject can ask for the data Bath Rugby hold’s about them to be erased from their records.
• Right to restriction of processing – where certain conditions apply data subjects have a right to restrict the processing.
• Right of portability – data subjects have the right to have the data Bath Rugby hold about them transferred to another organisation.
• Right to object – data subjects have the right to object to certain types of processing such as direct marketing.
• Right to object to automated processing, including profiling – data subjects also have the right not to be subject to the legal effects of automated processing or profiling.

In the event that Bath Rugby refuses a request under rights of access, Bath Rugby will provide the data subject with a reason as to why, which the data subject has the right to legally challenge.

Bath Rugby, upon request, can confirm what information it holds about a data subject and how it is processed.

Data subjects can request the following information:

• The identity of and the contact details of the person or organisation that has determined how and why to process their data.
• Contact details of the Data Protection Champion, where applicable.
• The purpose of the processing as well as the legal basis for processing.
• If the processing is based on the legitimate interests of Bath Rugby or a third party such as one of its clients, information about those interests.
• The categories of personal data collected, stored and processed.

Recipient(s) or categories of recipients that the data is/will be disclosed to.

• How long the data will be stored.
• Details of their rights to correct, erase, restrict or object to such processing.
• Information about their right to withdraw consent at any time.
• Whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether data subjects are obliged to provide the personal data and the possible consequences of failing to provide such data.
• The source of personal data if it wasn’t collected directly from the data subject.
• Any details and information of automated decision making, such as profiling, and any meaningful information about the logic involved, as well as the significance and expected consequences of such processing.
• To access what personal data is held, identification will be required.

Data Subject Access Request Process and Policy

If a data subject wants Bath Rugby to supply them with a copy of any personal data they hold about them, they should complete this form and send it to the address below.

Bath Rugby will accept the following forms of ID when information on your personal data is requested:

• A copy of your national ID card
• Driving license, passport
• Birth certificate and a utility bill not older than three months

A minimum of one piece of photographic ID listed above and a supporting document is required.

If Bath Rugby is dissatisfied with the quality, further information may be sought before personal data can be released.

All requests should be made to dataprotection@bathrugby.com or writing to us at the address found at the end of this document.

COMPLAINTS

In the event that the data subject wishes to make a complaint about how their personal data is being processed by Bath Rugby or its partners, they have the right to complain to the Bath Rugby Data Protection Champion. If the data subject does not get a response within 30 days they can complain to the Information Commissioner’s Office.

RIGHTS TO BE FORGOTTEN AND RECTIFICATION

In the event that the data subject wishes to exercise their right to erasure or rectification of the personal data being processed by Bath Rugby or its partners, they should contact the Data Protection Champion.

CHILDREN UNDER GDPR

Under UK GDPR all data subjects under the age of 13 years are classed as children and the personal data relating to those data subjects is the responsibility of their parent or guardian in their interactions with Bath Rugby. For the avoidance of doubt, all data subjects aged 13 years and older are responsible for their own personal data in their interactions with Bath Rugby.

The details for each of these contacts are:

dataprotection@bathrugby.com

DATA PROTECTION CHAMPION

Bath Rugby

Farleigh House

Farleigh Hungerford

Bath

BA2 7RW

Safeguarding Children and Young People Policy

Policy Definitions

‘Children and young people’ - Anyone who is under the age of 18. However, where a 17 year old is playing in the adult game and/or training session it is essential that every reasonable precaution is taken to ensure his safety and wellbeing are protected.

‘Bath Rugby’ and ‘Club’ – Bath Rugby Club.

Disclosure and Barring Service (DBS) - The DBS is responsible for processing requests for criminal records checks, taking decisions on whether it is appropriate to place a person on or remove a person from the DBS Children’s or Adults’ Barred List for England, Wales and Northern Ireland.

Purpose of Policy

Bath Rugby fully recognises its responsibilities of everyone involved for protecting children and young people and to safeguard the welfare of all children and young people involved in its activities. The Club identify that because of our day-to-day contact with children and young people, Bath Rugby employees are well placed to observe the outward signs of abuse. The Club will therefore maintain the following.

Aims

This policy applies to all Bath Rugby employees and volunteers working on behalf of the Club. The policy has five main elements:-

Ensuring we practice safe recruitment in checking the suitability of staff and volunteers to work with children and young people.

Raising awareness of children and young people protection issues and equipping them with the skills needed to keep them safe.

Developing and then implementing procedures for identifying and reporting cases, or suspected cases, of abuse.

Supporting children and young people who have been abused in accordance with their agreed young person protection plan.

Establishing a safe environment in which children and young people can learn and develop.

Action to be taken by Bath Rugby

The Club confirms that it adheres to the Rugby Football Union’s Safeguarding Policy and its procedures, practices and guidelines. The Club endorse and adopt the Policy Statement contained in that document and any successor policy (see appendix A for summary).

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The Club will follow the children and young people protection procedures set out by the Bath and North East Somerset Community Safety and Safeguarding Partnership and will take account of the national guidance issued by the Department of Education:

Ensure we have a designated senior safeguarding officer who has received appropriate training and support for this role (Chief Commercial Officer – Alex Cohen). Ensure all employees and volunteers know the name of the designated safeguarding officer.

Ensure all employees and volunteers understand their responsibilities in being alert to the signs of abuse and responsibility for recording any concerns and referring them to the safeguarding officer.

Ensure all staff who will be working with and alongside children to receive children and young people protection awareness training and that lead safeguarding persons are trained every two years in accordance with the Bath and North East Somerset Community Safety and Safeguarding Partnership.

Develop effective links with relevant agencies and co-operate as required with their enquiries regarding children and young person’s protection matters including attendance at case conferences where needed.

Keep written records of children and young people’s welfare and protection concerns, even where there is no need to refer the matter immediately. These are to be kept confidentially in accordance with the Club’s Data Protection Policy.

Ensure safe recruitment practices are always followed. This includes obtaining Disclosure and Barring Service (DBS) certificates for any new staff and ensuring they are renewed at least every three years.

Ensure that all full-time employees provide references from previous employers.

Ensure staff and volunteers understand their responsibilities for safer working practices.

Ensure that any allegations against members of staff with a child and young person’s protection aspect are dealt with urgently, with concerns about staff to be reported to the designated safeguarding officer.

Ensure that all other Bath Rugby policies which have a safeguarding element (e.g. health and safety; SEN; Data Protection; Behaviour) are all consistent with this policy and with each other and where appropriate make cross-reference to this policy.

Ensure all staff and volunteers receive and sign for a copy of this policy where appropriate.

Ensure that the Club’s Lost / Found Child or Vulnerable Person policy is adhered to at all times.

Safeguarding Practices

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These practices and actions are prohibited by Bath Rugby and all staff are trained on what defines ‘inappropriate behaviour’ towards children and young people in our care.

All members of staff and volunteers must never:

Be inappropriate or have unnecessary physical contact with children and young people. Participate in any dynamic contact games or training with children and young people.

Work alone with a child and/or young person.

Consume alcohol whilst responsible for children and young people.

Provide alcohol to children and young people or allowing its supply.

Smoke in the presence of children and young people.

Have an intimate or sexual relationship with any child or young person developed as a result of being in a position of trust including making sexually explicit comments or sharing sexually explicit material.

Use inappropriate language or allow children and young people to use inappropriate language

Allow allegations by children and young people to go unchallenged, unrecorded or not acted upon.

Depart the school, activity centre or rendezvous point until the safe collection of all children and young people.

Cause an individual to lose self-esteem by embarrassing, humiliating or undermining the individual. For more information on the Club’s anti-bullying policy, please contact hr@bathrugby.com.

Treat some children or young people more favourably than others.

Positions of Trust

All adults who work with children and young people are in a position or trust which has been invested in them by parents, the referring provider and the child and young person. This relationship can be described as one in which the adult is in a position of power and influence by virtue of their position. Having an intimate or sexual relationship with children or young person under 18 is unlawful, even where there is apparent consent from the young person. A consensual sexual relationship between an adult in a position of trust with a young person under 18 is contrary to the policy and procedures of Bath Rugby and will be subject to disciplinary procedures.

Adults must not develop a physical or emotionally dependant relationship with children and young people.

All those within Bath Rugby have a duty to raise concerns about the behaviour of any staff member of Bath Rugby, volunteers, outside contractors and anyone in a position of trust with children and young people.

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Support to children and young people at risk

We recognise that children and young people who are abused, or witness violence may find it difficult to develop a sense of self worth. They may feel helplessness, humiliation and some sense of blame. Bath Rugby may be the only stable, secure and predictable element in the lives of children and young people at risk. When participating in Bath Rugby activities their behaviour may be challenging and defiant or they may be withdrawn. The Club will endeavour to support children and young people through:-

Content of the activities.

The Bath Rugby ethos which promotes a positive, supportive and secure environment and gives children and young people a sense of being valued.

Bath Rugby’s code of conduct ensures that the children and young people know that some behaviour is unacceptable, but they are valued and not to be blamed for any abuse which has occurred.

In addition to the above policy, we also recommend that any individual worried about a child, even if you're unsure, contact NSPCC professional counsellors for help, advice and support. Contact telephone numbers below:

Adults concerned about child - 0808 800 5000

Help for children and young people - 0800 1111

Consistency of Policies

This policy should be read alongside the following other Bath Rugby policies.

Policy Review

The responsibility of reviewing and maintaining this policy is Tom Giles, Bath Rugby’s Head of Business Development. This policy will be reviewed annually.

Start date of policy: 1st September 2015

Last review date: 2nd January 2022

Date of next review: 4th January 2023

Appendix 1

The Key principles of the RFU Safeguarding Policy are:

The welfare of children and young people is, and must always be, paramount to any other considerations.

All participants regardless of age, gender, ability or disability, race, faith, culture, size, shape, language or sexual identity have the right to protection from abuse or harm.

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All allegations or suspicions of abuse, neglect, harm and poor practice will be taken seriously and responded to swiftly, fairly and appropriately.

Working in partnership with other organisations, statutory agencies, parents, carers, young person and young people is essential for the welfare of children and young people.

Children and young people have a right to expect support, and personal and social development delivered by an appropriately recruited, vetted and managed in relation to their participation in rugby union, whether they are playing, volunteering or officiating in the community or professional areas of the sport.

For full details of the RFU Safeguarding Policy can be found here

SUPPLIER TERMS AND CONDITIONS

1. GENERAL

1.1 Except where conditions 8 applies, these terms and conditions apply to every order placed by Bath Rugby Limited with any individual, firm or company (the “Supplier”). No terms and Conditions in or attached to any catalogue, invoice or other sales literature or document or tender or dispatch/delivery note which are inconsistent with these terms and conditions or which purport to add to or vary them in any way shall have any effect unless expressly accepted by Bath Rugby Limited in writing. In the absence of such written acceptance, the Supplier shall be deemed to have withdrawn or waived his terms and conditions and to contract solely on the basis of these terms and conditions and acceptance of goods and/or services shall not constitute or be deemed to constitute acceptance by Bath Rugby Limited of the Supplier’s terms and conditions. The contract shall commence and the Supplier will be contractually bound upon the despatch of a purchase order by Bath Rugby.

2. PURCHASE ORDER

2.1 The Supplier shall ensure that the goods and/or services shall:

(a) correspond with the quantity, type, sort, quality and description set out in the purchase order;

(b) meet the performance standards and dates specified on the purchase order or notified to the Supplier by Bath Rugby Limited;

(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979) and fit for any purpose held out by the supplier or made known to the supplier by Bath Rugby Limited;

(d) where applicable, be free from defects in design, materials and workmanship and remain so for 12 months after delivery;

(e) comply with all applicable statutory and regulatory requirements relating to the manufacture, labelling, packaging, storage, handling and delivery of the Goods.

2.2 If the goods and/or services do not comply with the Bath Rugby Limited purchase order and/or instructions, Bath Rugby Limited is entitled at its option to either return the goods at the risk of the Supplier; reject the goods and/or services; require the Supplier to re-perform the services or accept the whole or part of the goods and/or services supplied by the Supplier but without prejudice to any rights of Bath Rugby Limited to claim compensation or damages for loss or damage suffered as a result of failure to comply.

2.3 If the Supplier fails to deliver the Goods and/or perform the Services by the date specified in the purchase order Bath Rugby Limited shall be entitled to terminate the contract without notice.

3. PRICE, PAYMENT AND SET OFF

3.1 The price for the goods and/or services shall be the price set out in the purchase order and shall be inclusive but not limited to the costs of packaging, insurance and carriage of the goods and/or provision of the services. No extra charges shall be effective unless agreed by Bath Rugby Limited.

3.2 In respect of goods, the Supplier shall invoice Bath Rugby Limited on or at any time after completion of delivery. In respect of services, the Supplier shall invoice Bath Rugby Limited in full, monthly, or quarterly as agreed. The valid VAT invoice must contain the purchase order number and shall include such supporting information required by Bath Rugby Limited to verify the accuracy of the invoice.

3.3 Bath Rugby Limited will pay the invoiced amounts upon receipt of a valid and correct invoice to a bank account nominated in writing by the Supplier. Payment will be made within 30 days following the end of the month the invoice was received in.

3.4 Bath Rugby Limited may, without limiting its other rights, set off any amount owing to it by the Supplier against any amount payable by Bath Rugby Limited to the Supplier.

4. INDEMNITY AND INSURANCE

4.1 The Supplier shall hold and keep Bath Rugby Limited indemnified in full against all costs, expenses, damages and losses (whether direct or indirect), including any interest, fines, legal and other professional fees and expenses awarded against or incurred or paid by Bath Rugby Limited due to or arising out of the performance of the contract or any breach by the Supplier of these terms and conditions or any term or obligation implied by law or any statutory provision that may be in force from time to time. The Supplier shall at all times have sufficient insurances in place and provide written evidence to Bath Rugby Limited upon request.

5. CONFIDENTIALITY

5.1 The Supplier shall treat all confidential information belonging to Bath Rugby Limited as confidential and safeguard it accordingly, and shall not disclose any confidential information without the prior written consent of Bath Rugby Limited.

6. TERMINATION

6.1 In addition to clause 2.3 and 7.1, if at any time after the commencement of the contract the Supplier commits:

(a) a material or persistent breach of the Contract and (if such a breach is remediable) fails to remedy that breach within 7 days after receiving notice of the breach; or

(b) commits a material breach which cannot be rectified,

then Bath Rugby Limited may terminate the contract with immediate effect.

7. GENERAL

7.1 Force majeure: Neither party shall be liable to the other as a result of any delay or failure to perform its obligations under the Contract if and to the extent such delay or failure is caused by an event or circumstance which is beyond the reasonable control of that party which by its nature could not have been foreseen by such a party or if it could have been foreseen was unavoidable. If such event or circumstances prevent the Supplier from supplying the Goods and/or Services for more than 2 weeks, Bath Rugby Limited shall have the right, without limiting its other rights, to terminate this Contract with immediate effect by giving written notice to the Supplier.

7.2 Assignment and subcontracting: The Supplier shall not assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract without the prior written consent of Bath Rugby Limited.

7.3 Notices: Any notice or other communication required to be given under or in connection with this Contract shall be in writing and shall be delivered to the other party by prepaid first-class post. Communications to Bath Rugby Limited should be address to the Financial Controller at Farleigh House, Farleigh Hungerford, Bath BA2 7RW.

7.4 Waiver: No delay, neglect or forbearance on the part of either party in enforcing against the other party any term or condition of the contract shall either be or be deemed to be a waiver or in any way prejudice any right of that party under this contract.

7.5 No partnership: Nothing in the Contract is intended to, or shall be deemed to, constitute a partnership of any kind between any of the parties.

7.6 Contracts (Rights of Third Parties) Act 1999: A person who is not a party to the Contract shall not have any rights under or in connection with it.

7.7 Variation: Any variation, including any additional terms and conditions, to the Contract shall only be binding when agreed in writing and signed by Bath Rugby Limited, represented by the Financial Controller or Finance Director.

7.8 Severance: of any provision in this contract shall in whole or in part be held to any extent to be unlawful or unenforceable under any enactment or rule of law, the remainder of the provisions shall stand in full force and effect.

7.9 Statutory Requirements: the Supplier shall comply with all statutes, orders, regulations or bye laws applicable to the performance of this contract and shall indemnify Bath Rugby Limited against all losses, claims or liabilities, expenses, proceedings or otherwise as a result of the Suppliers noncompliance with the same.

7.10 Governing law and jurisdiction: The Contract shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.

8. TERMS AND CONDITIONS

8.1 These terms and conditions will apply unless Bath Rugby Limited specifies different terms and conditions in its tender or quotation documentation or some other contract entered into by the parties. These terms and conditions would need to be agreed in contract by Bath Rugby Limited. If different terms and conditions are specified by Bath Rugby Limited those terms and conditions will override the purchase order terms and conditions and will apply instead of these.

SUPPLIER TERMS AND CONDITIONS

1. GENERAL

1.1 Except where conditions 8 applies, these terms and conditions apply to every order placed by Bath Rugby Limited with any individual, firm or company (the “Supplier”). No terms and Conditions in or attached to any catalogue, invoice or other sales literature or document or tender or dispatch/delivery note which are inconsistent with these terms and conditions or which purport to add to or vary them in any way shall have any effect unless expressly accepted by Bath Rugby Limited in writing. In the absence of such written acceptance, the Supplier shall be deemed to have withdrawn or waived his terms and conditions and to contract solely on the basis of these terms and conditions and acceptance of goods and/or services shall not constitute or be deemed to constitute acceptance by Bath Rugby Limited of the Supplier’s terms and conditions. The contract shall commence and the Supplier will be contractually bound upon the despatch of a purchase order by Bath Rugby.

2. PURCHASE ORDER

2.1 The Supplier shall ensure that the goods and/or services shall:

(a) correspond with the quantity, type, sort, quality and description set out in the purchase order;

(b) meet the performance standards and dates specified on the purchase order or notified to the Supplier by Bath Rugby Limited;

(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979) and fit for any purpose held out by the supplier or made known to the supplier by Bath Rugby Limited;

(d) where applicable, be free from defects in design, materials and workmanship and remain so for 12 months after delivery;

(e) comply with all applicable statutory and regulatory requirements relating to the manufacture, labelling, packaging, storage, handling and delivery of the Goods.

2.2 If the goods and/or services do not comply with the Bath Rugby Limited purchase order and/or instructions, Bath Rugby Limited is entitled at its option to either return the goods at the risk of the Supplier; reject the goods and/or services; require the Supplier to re-perform the services or accept the whole or part of the goods and/or services supplied by the Supplier but without prejudice to any rights of Bath Rugby Limited to claim compensation or damages for loss or damage suffered as a result of failure to comply.

2.3 If the Supplier fails to deliver the Goods and/or perform the Services by the date specified in the purchase order Bath Rugby Limited shall be entitled to terminate the contract without notice.

3. PRICE, PAYMENT AND SET OFF

3.1 The price for the goods and/or services shall be the price set out in the purchase order and shall be inclusive but not limited to the costs of packaging, insurance and carriage of the goods and/or provision of the services. No extra charges shall be effective unless agreed by Bath Rugby Limited.

3.2 In respect of goods, the Supplier shall invoice Bath Rugby Limited on or at any time after completion of delivery. In respect of services, the Supplier shall invoice Bath Rugby Limited in full, monthly, or quarterly as agreed. The valid VAT invoice must contain the purchase order number and shall include such supporting information required by Bath Rugby Limited to verify the accuracy of the invoice.

3.3 Bath Rugby Limited will pay the invoiced amounts upon receipt of a valid and correct invoice to a bank account nominated in writing by the Supplier. Payment will be made within 30 days following the end of the month the invoice was received in.

3.4 Bath Rugby Limited may, without limiting its other rights, set off any amount owing to it by the Supplier against any amount payable by Bath Rugby Limited to the Supplier.

4. INDEMNITY AND INSURANCE

4.1 The Supplier shall hold and keep Bath Rugby Limited indemnified in full against all costs, expenses, damages and losses (whether direct or indirect), including any interest, fines, legal and other professional fees and expenses awarded against or incurred or paid by Bath Rugby Limited due to or arising out of the performance of the contract or any breach by the Supplier of these terms and conditions or any term or obligation implied by law or any statutory provision that may be in force from time to time. The Supplier shall at all times have sufficient insurances in place and provide written evidence to Bath Rugby Limited upon request.

5. CONFIDENTIALITY

5.1 The Supplier shall treat all confidential information belonging to Bath Rugby Limited as confidential and safeguard it accordingly, and shall not disclose any confidential information without the prior written consent of Bath Rugby Limited.

6. TERMINATION

6.1 In addition to clause 2.3 and 7.1, if at any time after the commencement of the contract the Supplier commits:

(a) a material or persistent breach of the Contract and (if such a breach is remediable) fails to remedy that breach within 7 days after receiving notice of the breach; or

(b) commits a material breach which cannot be rectified,

then Bath Rugby Limited may terminate the contract with immediate effect.

7. GENERAL

7.1 Force majeure: Neither party shall be liable to the other as a result of any delay or failure to perform its obligations under the Contract if and to the extent such delay or failure is caused by an event or circumstance which is beyond the reasonable control of that party which by its nature could not have been foreseen by such a party or if it could have been foreseen was unavoidable. If such event or circumstances prevent the Supplier from supplying the Goods and/or Services for more than 2 weeks, Bath Rugby Limited shall have the right, without limiting its other rights, to terminate this Contract with immediate effect by giving written notice to the Supplier.

7.2 Assignment and subcontracting: The Supplier shall not assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract without the prior written consent of Bath Rugby Limited.

7.3 Notices: Any notice or other communication required to be given under or in connection with this Contract shall be in writing and shall be delivered to the other party by prepaid first-class post. Communications to Bath Rugby Limited should be address to the Financial Controller at Farleigh House, Farleigh Hungerford, Bath BA2 7RW.

7.4 Waiver: No delay, neglect or forbearance on the part of either party in enforcing against the other party any term or condition of the contract shall either be or be deemed to be a waiver or in any way prejudice any right of that party under this contract.

7.5 No partnership: Nothing in the Contract is intended to, or shall be deemed to, constitute a partnership of any kind between any of the parties.

7.6 Contracts (Rights of Third Parties) Act 1999: A person who is not a party to the Contract shall not have any rights under or in connection with it.

7.7 Variation: Any variation, including any additional terms and conditions, to the Contract shall only be binding when agreed in writing and signed by Bath Rugby Limited, represented by the Financial Controller or Finance Director.

7.8 Severance: of any provision in this contract shall in whole or in part be held to any extent to be unlawful or unenforceable under any enactment or rule of law, the remainder of the provisions shall stand in full force and effect.

7.9 Statutory Requirements: the Supplier shall comply with all statutes, orders, regulations or bye laws applicable to the performance of this contract and shall indemnify Bath Rugby Limited against all losses, claims or liabilities, expenses, proceedings or otherwise as a result of the Suppliers noncompliance with the same.

7.10 Governing law and jurisdiction: The Contract shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.

8. TERMS AND CONDITIONS

8.1 These terms and conditions will apply unless Bath Rugby Limited specifies different terms and conditions in its tender or quotation documentation or some other contract entered into by the parties. These terms and conditions would need to be agreed in contract by Bath Rugby Limited. If different terms and conditions are specified by Bath Rugby Limited those terms and conditions will override the purchase order terms and conditions and will apply instead of these.

The Ticket Exchange System (“The Website”) is hosted by Ticketmaster on behalf of Bath Rugby Limited (“The Club”). It is available to anyone who wishes to buy Match Tickets for all Category 1 and 2 Matches at the Ground and any Season Ticket Holder (Full) who wishes to sell their position for Category 1 and 2 Matches at the Ground. Category 3 Matches are not available via Ticket Exchange on the Website.  

These Terms and Conditions set out the terms upon which you may purchase or sell tickets through the Ticket Exchange.   

1. In order to use the Ticket Exchange, you must input your Bath Rugby client reference number and password when prompted to login at our etickets site here  

2. Your login details are to be used by you only. You are wholly responsible for the use of the Website by any person using your personal computer or point of presence and you are responsible for ensuring that any such person also fully complies with these Terms and Conditions.  

3. POSTING SEASON TICKETS FOR SALE  

3.1 You may only post Season Ticket positions on sale through the Ticket Exchange in accordance with these Terms and Conditions provided that you are a Season Ticket Holder and hold a Season Ticket which includes a Match Ticket to the relevant Match.  

3.2 Matches for which Ticket Exchange will operate shall be determined by the Club at our sole discretion.  

3.3 All Season Tickets placed on sale through the Ticket Exchange will be sold at a price determined by the Club.  

3.4 A Season Ticket Holder may post a Match Ticket for sale on Ticket Exchange by logging into the Website with their login details. If a Match is available for a Season Ticket Holder to offer their Match Ticket for sale, “Ticket Exchange” will appear next to the relevant Match on the ticketing page of the Website. A Season Ticket Holder may offer their Match Ticket to that Match for sale to users of the Bath Rugby eticketssite generally, by clicking on the relevant Match and following the instructions. Ticket Exchange will indicate the amount that the Season Ticket Holder shall receive if the Ticket is sold (the “Seller’s Amount”).  

3.5 The Season Ticket Holder will receive 60% of the Match Ticket Price, the difference between the Match Ticket Price and the Seller’s Amount shall be retained by the Club to cover administrative charges and to prevent misapplication of the exchange facility.  

3.6 The time periods for which a Match Ticket may be offered for sale will be determined at the Club’s discretion. Generally, the Ticket Exchange will open the Monday prior to the date of which the Match will be due to played.  

3.7 When the Season Ticket Holder posts a Match Ticket for sale through the Ticket Exchange, the deadline by which that Match Ticket must be sold or the offer lapses will be indicated. The Season Ticket Holder may, however, at any time between posting the Match Ticket on sale until the deadline or, the Match Ticket being sold, withdraw that Match Ticket from sale.  

3.8 If a Match Ticket is not sold by the deadline that Match Ticket will no longer be offered for sale through the Ticket Exchange and the Season Ticket Holder may use the Match Ticket to attend the Match as if they had not offered the Match Ticket for sale.  

3.9 If a Match Ticket is sold through the System, The Club will;  

(a) Send the Season Ticket Holder a confirmation email;  

(b) De-activate the Season Ticket Holder’s card so that the card will not permit admittance to the Ground for that Match;   

(c) Credit the Season Ticket Holder’s account balance with an amount equal to the Seller’s Amount as per clause 3.5.   

3.10 All amounts credited to the Season Ticket Holder’s balance will automatically be offset against the cost of purchasing or renewing Season Tickets for the following season in the event that the Season Ticket Holder elects to pay for the new season on the Club’s website. Alternatively, any amounts credited can be offset against any additional Match Tickets, Hospitality or at The Shop.  

3.11 Posting a Match Ticket for sale through the Ticket Exchange does not guarantee that the Match Ticket will be sold.  

4. BUYING A TICKET VIA TICKET EXCHANGE  

4.1 Anyone registered to use the Website may purchase Match Tickets by logging into the Website. Match Tickets posted via Ticket Exchange will appear as available to buy and be subject to the same Ticketing Terms and Conditions of the Club which can be found here.  Any purchase of a Match Ticket is deemed acceptance of these terms.    

4.2 In the event that the Buyer purchases a Match Ticket using the Website, the Buyer forms a contract with the Seller and with the Club acting as the agent of the Seller. The Buyer shall pay the Price to the Club (acting as agent of the Seller).  

The Ticket Exchange System (“The Website”) is hosted by Ticketmaster on behalf of Bath Rugby Limited (“The Club”). It is available to anyone who wishes to buy Match Tickets for all Category 1 and 2 Matches at the Ground and any Season Ticket Holder (Full) who wishes to sell their position for Category 1 and 2 Matches at the Ground. Category 3 Matches are not available via Ticket Exchange on the Website.  

These Terms and Conditions set out the terms upon which you may purchase or sell tickets through the Ticket Exchange.   

1. In order to use the Ticket Exchange, you must input your Bath Rugby client reference number and password when prompted to login at our etickets site here  

2. Your login details are to be used by you only. You are wholly responsible for the use of the Website by any person using your personal computer or point of presence and you are responsible for ensuring that any such person also fully complies with these Terms and Conditions.  

3. POSTING SEASON TICKETS FOR SALE  

3.1 You may only post Season Ticket positions on sale through the Ticket Exchange in accordance with these Terms and Conditions provided that you are a Season Ticket Holder and hold a Season Ticket which includes a Match Ticket to the relevant Match.  

3.2 Matches for which Ticket Exchange will operate shall be determined by the Club at our sole discretion.  

3.3 All Season Tickets placed on sale through the Ticket Exchange will be sold at a price determined by the Club.  

3.4 A Season Ticket Holder may post a Match Ticket for sale on Ticket Exchange by logging into the Website with their login details. If a Match is available for a Season Ticket Holder to offer their Match Ticket for sale, “Ticket Exchange” will appear next to the relevant Match on the ticketing page of the Website. A Season Ticket Holder may offer their Match Ticket to that Match for sale to users of the Bath Rugby eticketssite generally, by clicking on the relevant Match and following the instructions. Ticket Exchange will indicate the amount that the Season Ticket Holder shall receive if the Ticket is sold (the “Seller’s Amount”).  

3.5 The Season Ticket Holder will receive 60% of the Match Ticket Price, the difference between the Match Ticket Price and the Seller’s Amount shall be retained by the Club to cover administrative charges and to prevent misapplication of the exchange facility.  

3.6 The time periods for which a Match Ticket may be offered for sale will be determined at the Club’s discretion. Generally, the Ticket Exchange will open the Monday prior to the date of which the Match will be due to played.  

3.7 When the Season Ticket Holder posts a Match Ticket for sale through the Ticket Exchange, the deadline by which that Match Ticket must be sold or the offer lapses will be indicated. The Season Ticket Holder may, however, at any time between posting the Match Ticket on sale until the deadline or, the Match Ticket being sold, withdraw that Match Ticket from sale.  

3.8 If a Match Ticket is not sold by the deadline that Match Ticket will no longer be offered for sale through the Ticket Exchange and the Season Ticket Holder may use the Match Ticket to attend the Match as if they had not offered the Match Ticket for sale.  

3.9 If a Match Ticket is sold through the System, The Club will;  

(a) Send the Season Ticket Holder a confirmation email;  

(b) De-activate the Season Ticket Holder’s card so that the card will not permit admittance to the Ground for that Match;   

(c) Credit the Season Ticket Holder’s account balance with an amount equal to the Seller’s Amount as per clause 3.5.   

3.10 All amounts credited to the Season Ticket Holder’s balance will automatically be offset against the cost of purchasing or renewing Season Tickets for the following season in the event that the Season Ticket Holder elects to pay for the new season on the Club’s website. Alternatively, any amounts credited can be offset against any additional Match Tickets, Hospitality or at The Shop.  

3.11 Posting a Match Ticket for sale through the Ticket Exchange does not guarantee that the Match Ticket will be sold.  

4. BUYING A TICKET VIA TICKET EXCHANGE  

4.1 Anyone registered to use the Website may purchase Match Tickets by logging into the Website. Match Tickets posted via Ticket Exchange will appear as available to buy and be subject to the same Ticketing Terms and Conditions of the Club which can be found here.  Any purchase of a Match Ticket is deemed acceptance of these terms.    

4.2 In the event that the Buyer purchases a Match Ticket using the Website, the Buyer forms a contract with the Seller and with the Club acting as the agent of the Seller. The Buyer shall pay the Price to the Club (acting as agent of the Seller).  

BATH RUGBY LIMITED MATCH DAY HOSPITALITY

TERMS & CONDITIONS 2022/23

These Terms and Conditions govern the purchase and use of Match Day Hospitality for a particular Match purchased online, in person and over the phone with Bath Rugby Limited.

Please read through carefully prior to purchase.

Definitions:

“The Club” means Bath Rugby Limited;

“Ground” means The Recreation Ground or any location that is selected as the Club’s “home” venue;

“Venue” means the location where match day hospitality is taking place, this venue may change;

“Match” means any game at the Ground which involves the Club’s first XV;

A “Match Day Hospitality Package” is any match day package issued by the Club which enables access for a particular package to the Ground.

“Match Day Hospitality Purchaser” means the individual or company who has bought such Match Day Hospitality Package;

“Ground Regulations” means the rules which govern the behaviour of all attendees at the Venue and by which Match Day Hospitality Purchasers unequivocally agree to abide along with any guests they bring or have representing them using the package. Such Ground Regulations can be found here;

“Supporter Services” means the Bath Rugby Supporter Services Team, currently sited at The Recreation Ground, Bath, BA2 4DS.

“Match Ticket” is a Ticket issued by the Club which enables access for a particular Match to the Ground. This includes print at home/ticket-fast tickets.

“Wristband” means any wristband issued by the Club to a Match Day Hospitality Purchaser either for his/her use or by one of his/her guests to gain access to the Ground or the Venue at the Match to which the Match Day Hospitality Package relates only.

1. Match Day Hospitality Packages are issued by the Club subject strictly to these Terms and Conditions.

2. The Club reserves the right to change these Terms and Conditions as deemed necessary or appropriate.

3.The purchase of a Match Day Hospitality Package constitutes an acceptance and an undertaking to be bound by and observe these Terms and Conditions. If these Terms and Conditions are not accepted the Match Day Hospitality Purchaser, cancellation must be made within 5 working days of purchase. No refunds will be issued after this point with the exception of any Match subjected to a date change solely for television scheduling purposes.

4 The use of a Match Day Hospitality Package at the Venue also constitutes an unqualified acceptance of the Club’s Ground Regulations.

5. Misconduct of the Match Day Hospitality Purchaser (or any guest of or person representing the Match Day Hospitality Purchaser), failing to adhere to these Terms and Conditions or to the Ground Regulations or acting in a manner which the Club reasonably considers is detrimental to its interests or is likely to bring the Club into disrepute shall permit the Club to confiscate or forfeit (in each case without compensation) the Match Day Hospitality Package or Match Ticket, to prevent access to the Venue and Ground for the fixture in question and/or to ban the Match Day Hospitality Purchaser from attending future Matches or other events at the Ground for such time as the Club deems appropriate.

6. All Match Day Hospitality Package prices and seating locations are offered subject to availability.

7. All Match Day Hospitality Packages are issued to the individual or company named with the booking(s) and subject to availability. When purchasing the Match Ticket Hospitality Package, you will inform any additional guests for whom you have purchased a Match Day Hospitality Package that they are subject to these Terms and Conditions.

8. Match Day Hospitality Purchasers acknowledge that the date and time of a Match may change and it is the responsibility of the Match Day Hospitality Purchaser to ascertain the correct date and time of each Match. The Club will endeavour to make this information available as soon as any changes have been made. The Club is under no obligation to give any form of recompense to anybody who misses a Match due to a date and/or time change.

Further information on the changing of Match dates and times is as follows:

Match is played on new time/date.

If a Match is unable to be played as scheduled for any reason including (but not limited to) a force majeure event, the Club will endeavour to reschedule to an alternative date at the same venue.  Should an alternative venue be used, the club will not be liable for any travel expenses incurred.

Match is played behind closed doors or cancelled.

If the match is played behind closed doors or cancelled for any reason (but not limited to) a force majeure event, the Club will apply a credit to the Annual Hospitality Member’s account to the pro rata value of the missed match.

9. The Match Day Hospitality Packages are strictly non-refundable. Should a Match be cancelled for whatever reason, the Club shall be under no obligation to pay any compensation. Further, the Club shall have no further liability to the Match Day Hospitality Purchaser or their guests, including (but not limited to) any direct or consequential loss or damage, loss of enjoyment or travel/accommodation cost.

10. Should a Match be abandoned or postponed for whatever reason, the Club shall have no liability to the Match Day Hospitality Purchaser, including (but not limited to) any direct or consequential loss or damage, loss of enjoyment or travel/accommodation cost. In such an event, the position as indicated on the Match Day Hospitality will be valid for the rescheduled Match.

a. Should a Match be postponed for whatever reason and the Matchday Hospitality Package includes food which cannot be provided at the re-arranged Match, the Club will reimburse the food costs only.

11. It is the responsibility of the Match Day Hospitality Purchaser to ascertain the correct date and kick-off time of any rearranged and/or postponed Matches.

12. Match Day Hospitality is non-transferable and resale other than by agents with explicitly authorised by the Club is strictly prohibited.

13. A Match Day Hospitality Package shall become void and will not allow any Match Day Hospitality Purchaser or their guest(s) entry to the Venue or Ground or any right to a refund where the Club believes it has been sold to another person, sold on the internet (through unauthorised ticket brokers, auction sites or otherwise) or any other medium whether now or hereafter developed or it has been used as a prize in a lottery, competition or for any other promotional or advertising purpose unless expressly authorised in writing by the Club.

14. The Club reserves the right to price Match Day Hospitality Packages and change the price of Match Day Hospitality Package for any match however it deems appropriate.

15. Entrance to the Ground is only permitted upon presentation of a valid Match Ticket which should be retained until the Match in question has been played to a conclusion.

16. Entrance to the Ground should be made by the entrance detailed on the Match Day Hospitality Package details.

17. The Match Ticket with the Match Day Hospitality Packages gives access only to the block, row and seat indicated on the Match Ticket and not to any other seat or position within the Ground. However, the Club reserves the right to re-allocate the location of the Match Ticket(s) to any other seats in the Ground at any time.

18. The Club cannot guarantee that the position to which the Match Ticket refers will not be affected by adverse weather conditions, including (but not limited to) force majeure events or that the view will not be affected by pillars or other structural apparatus or circumstances beyond the Club’s reasonable control, however, the Club will use reasonable efforts (where possible) to minimise the effects of such events.

19. Any Match Ticket or Wristband required for entry must be produced on demand in response to request from an official of, or any agent appointed by the Club.

20. Match Day Hospitality guests leaving the Ground during the Match will not be allowed re-entry to the Ground.

21. The Match Ticket as part of the Match Day Hospitality Package remains the property of the Club at all times.

22. The Club excludes to the maximum extent permitted by the law any liability for loss, injury or damage to persons/property in or around the ground (whether or not indirect or consequential). Nothing in the Terms and Conditions shall exclude or restrict The Club’s liability for its own negligence.

23. The Club reserves the right to make such additional conditions as they consider reasonably necessary and appropriate for the security, safety and wellbeing of spectators at the Ground.

Bath Rugby Limited Club Season Ticket Waiting List Terms & Conditions 2023/24

These Terms & Conditions are applicable to the purchase of the 2023/24 Waiting List purchased online, in person and over the phone with Bath Rugby Limited.

These Terms & Conditions should be carefully read prior to purchasing a Waiting List position.

Definitions:

“The club” means Bath Rugby Limited;

“Ground” means The Recreation Ground or any location that is selected as the club’s “home” venue;

“Match” means any game at the ground which involves the club’s first XV;

“Season” means the period from 1 September 2023 to 30 June 2024; 

“Waiting List” means the position provided under these Terms & Conditions;

“Ground regulations” means the rules which govern the behaviour of all attendees at the ground and which a Club Member unequivocally agrees to abide by. Such ground regulations can be found here;

“E-tickets Account” means the user account connected to your Waiting List position. This account is assigned with a Client Reference Number as indicated on the related client account.

“Supporter Services” means the Bath Rugby Supporter Services, currently sited at Farleigh House, Farleigh Hungerford, BA2 7RW

“Match Ticket” means the ticket for one specific home match;

1. The Waiting List is issued by the club and are subject to these Terms & Conditions.

2. The purchase of a Waiting List position constitutes an acceptance by the supporter of, and an undertaking to be bound by and observe, these Terms & Conditions. If these Terms & Conditions are not accepted by the supporter, the Waiting List position should be revoked immediately by Supporter Services, with the club under no obligation to offer a refund other refund rights applicable under Consumer Law (Clause 9).

3. The use of a Waiting List to purchase a season ticket and gain entry to the ground also constitutes an unqualified acceptance of the club’s ground regulations. For the avoidance of doubt, all Season Tickets that a supporter will be entitled to purchase will have a sales value applied to them and the supporter will need to pay that sales value in order to attend a given match.

4. Misconduct by the Waiting List supporter, failing to adhere to these Terms & Conditions or to the ground regulations or acting in a manner which the club reasonably considers is detrimental to its interests or is likely to bring the club into disrepute shall permit the club to confiscate or forfeit (in each case without compensation) the Waiting List position and or subsequent season ticket, to prevent access to the ground for any match and/or to ban the supporter from attending future matches or other events at the ground for such time as the club deems appropriate.

5. The club reserves the right to change these Terms & Conditions as deemed necessary or

6. All season tickets and seat allocations are offered subject to availability.

7. The Waiting List and any related season ticket admits only the named supporter entry to the matches at the ground.

8. Season Ticket Holders acknowledge that the date and time of a match may change, and it is the responsibility of the Club Member to ascertain the correct date and time of each match. The club will endeavour to make this information available as soon as any changes have been made. The club is under no obligation to give any form of recompense to anybody who misses a match due to a date and/or time change.

9. Waiting List purchases and season tickets are strictly non-refundable, subject to applicable Consumer Law in the United Kingdom. If a match is unable to be played as scheduled for any reason including (but not limited to) a force majeure event, the club will endeavour to reschedule to an alternative date at the same venue; the ticket & seat allocation purchased will be valid for any rescheduled match. If rescheduling to an alternative date is not possible, a match may be played at another venue, behind closed doors, or abandoned. If the match is played behind closed doors or cancelled for any reason (but not limited to) a force majeure event, the club will apply a credit to the Season Ticket Holder account to the pro rata value of their season ticket. Further, the club shall have no further liability to the Season Ticket Holder, including (but not limited to) any direct or consequential loss or damage, loss of enjoyment or travel/accommodation cost.

10. The club are unable to refund any booking fees for any reason.

11. The season ticket Waiting List and season tickets are issued with the relevant supporter’s details. There are no guaranteed seating positions with the Waiting List and details cannot be transferred.

12. The Waiting List does not give guaranteed access to any block, row, seat or standing terrace block within the ground.

13. Credit held within an e-tickets account is non-transferable and not cash refundable. This credit can be used in conjunction with the purchase of match tickets, Memberships or season tickets.

14. A Waiting List allocated season ticket shall become void and will not allow entry to the ground or have any right to a refund where the club believes it has been sold to another person at a higher price, sold on the internet (through unauthorised ticket brokers, auction sites or otherwise), or any other medium whether now or hereafter developed, or it has been used as a prize in a lottery, competition or for any other promotional or advertising purpose unless expressly authorised in writing by the club.

15. All Season Ticket Holders will be issued a digital season ticket card for the 2023/24 season.

16. The club cannot be held responsible for any misuse or abuse of digital season ticket cards by third parties.

17. Entrance to the ground is only permitted upon presentation of a valid season ticket card.

18. The club cannot guarantee that the seat position to which the Season Ticket Holder is allocated will not be affected by adverse weather conditions, including (but not limited to) force majeure events or that the view will not be affected by pillars or other structural apparatus or circumstances beyond the club’s reasonable control, however, the club will use reasonable efforts (where possible) to minimise the effects of such events.

19. Any season ticket held for entry must be produced on demand in response to a request from an official of, or any agent appointed by, the club.

20. Season Ticket Holders leaving the ground during matchday will not be allowed re-entry to the ground.

21. The club excludes to the maximum extent permitted by the law any liability for loss, injury or damage to persons/property in or around the ground (whether or not indirect or consequential). Nothing in these Waiting List Terms & Conditions shall exclude or restrict the club’s liability for its own negligence.

22. The club reserves the right to make such additional conditions as they consider reasonably necessary and appropriate for the security, safety and well-being of spectators at the ground.

23. For the avoidance of doubt, there is no official finance partner offered by the club for the purchase of any Waiting List position in the 2023/24 season. The club will therefore not accept any finance arrangements for Waiting List purchases.