SUPER CUP 2019 TERMS AND CONDITIONS AND PRIVACY NOTIFICATION

2019 UEFA SUPER CUP™ 
FINALIST TICKETING TERMS AND CONDITIONS

1. INTRODUCTION

1. Scope

The following 2019 UEFA Super Cup™ Finalist Ticketing terms and conditions (the “Terms and Conditions”) are designed to ensure a fair, correct and efficient process for the purchase and use of Tickets to the 2019 UEFA Super Cup™ by the supporters of the Finalist club (referred to herein after as the “Ticket Holders”). The sale and use of such Tickets are subject to the following Terms and Conditions and any other applicable laws or regulations (as defined below under “Regulations”) pertaining to access and usage of Beşiktaş Park in Istanbul.

2. Definitions

2. SALE OF TICKETS

3. General Application Rules

1. 1 The Finalist is responsible for the implementation of the sales and distribution of Tickets to the Finalist’s supporters in accordance with these Terms and Conditions. UEFA and/or the Host Association shall not be held liable for any claims or issues arising from the sale and distribution process implemented by  the Finalist.

1. 2 Applicants may apply for Tickets to the Match through the Finalist and in accordance with the application rules set out herein and as otherwise communicated to the Applicant by the Finalist. The Applicant must fully respect all steps of the sales and distribution process implemented by the Finalist as   communicated to the Applicant together with these Terms and Conditions.  Applicants may apply to the Finalist for Tickets in such categories as identified to Applicants by the Finalist during the Finalist’s application and sales process.

1. 3 Subject to Articles 3.4 and 3.5, each Applicant can apply for a maximum of four (4) Tickets. The Finalist and its agents reserve the right to cancel or reject any application at their sole discretion and any false applications may be subject to contractual and criminal sanctions. 

1. 4 Guests named in an Applicants application for Tickets cannot be named in multiple applications for Tickets, regardless of whether such Guest is the named Applicant or the named Guest of another Applicant.  Applications which result in the named Guest being named on multiple applications (whether as a   Guest or an Applicant) are not permitted and will be rejected or cancelled.

1. 5 Any Applicant who has purchased or been allocated Tickets for the Match via any other method (including but not limited to Tickets purchased and allocated via UEFA’s general public Ticket sales) cannot place an application with the Finalist which would, if successful, result in him/her being allocated more   than four (4) Tickets in total for the Match.

1. 6 The Applicant acknowledges that any order which results in the Applicant exceeding the Ticket purchase limits identified in Article 3.3 or being allocated tickets which would result in a breach of Articles 3.4 and 3.5 shall be cancelled in full.

1. 7 At the time of applying for Tickets from the Finalist, all Applicants and Guests must provide the following personal details: surname, first name, date of birth, nationality and Passport or ID number. The Applicant warrants that such information is complete and accurate at all times.

1. 8 Tickets will be distributed to the successful Applicants by the Finalist in accordance with the rules communicated to the Applicants together with these Terms and Conditions.

1. 9 Tickets shall remain the property of UEFA at all times.

3. USE OF TICKETS

4. Prohibited Use of the Ticket(s)

1. 1 Except as expressly permitted in Article 4.2, any resale, transfer of Ticket(s), offer or advertisement of Ticket(s) for resale or transfer, whether for free or for consideration, is strictly prohibited.

1. 2 Applicants shall be permitted to transfer Tickets to their Guest(s), provided that (jointly):

1. the Applicant will attend the Match together with his/her Guest;

2. the Tickets are for their personal use;

3. such permitted transfer is free of any extra consideration over and above the face value of the Ticket; and

4. Guests, by accepting the transfer of Tickets from the Applicant, agree to be subject to these Terms and Conditions.

1. 3 The Ticket(s) shall not be:

1. used for any promotion, advertising, fundraising, auction, raffle or any other similar commercial or non-commercial purposes;

2. used as a prize (or part of a prize) in any contest, competition, (promotional) game of chance, lottery or sweepstake;

3. combined with and sold as part of any package of goods or services; or

4. combined with and sold as part of any travel or hospitality package (for example combining flights, hotels and the Ticket(s)).

1. 4 Ticket Holders shall not:

1. run any advertisements or promotions relating to UEFA, the UEFA Super Cup™ or the Match;

2. advertise, promote, give away, distribute, sell or offer for sale any product or service from any part of the Stadium or via the display of overt commercial messages on clothing worn or items brought into the Stadium; or

3. exploit any marketing or promotional opportunities in relation to the Ticket(s).

1. 5 For the avoidance of doubt, no branding, which may be aimed at promotional or marketing purposes whatsoever, may be displayed by any Ticket Holder at the Stadium.

1. 6 Ticket(s) acquired or used in breach of Article 4 and/or Article 9 of these Terms and Conditions shall be void and any person seeking to use such Ticket(s) will be deemed a trespasser and will be refused entry or be evicted from the Stadium, and may be liable to further legal action. Any unauthorised sale or   transfer of the Ticket(s) may be reported to the police.

1. 7 Any breach of these Terms and Conditions or of any Regulations’ clauses shall entitle UEFA to cancel and invalidate the Ticket and any other Tickets that have been purchased by the Applicant for the Match with no right to a refund.

5. Entrance to the Stadium

1. 1 Access to the Stadium will be permitted during such hours as specified on the Ticket or as published on UEFA’s website at www.uefa.com.  

1. 2 Entrance to the Stadium shall be:

1. subject to compliance with:
   1. these Terms and Conditions;
   2. the Stadium Regulations;
   3. all applicable laws (whether statutory or otherwise and including health and safety requirements) governing access or presence at the Stadium, attendance at the Match, use of the Tickets, general safety certificate and any special safety certificate applying to the Stadium, issued by any authority that has jurisdiction or authority in relation to the holding of the Match at the Stadium; and
2. authorised upon presentation of a valid Ticket per person (regardless of age) and, upon request, proof of identity with valid photograph (passport or national identity card). Ticket Holders leaving the Stadium will not be re-admitted.

6. Conduct at the Stadium

1. 1 For safety and security purposes, all persons attending the Match, if and when so requested by stewards, safety personnel and/or any other legally authorised persons representing the organiser of the Match, shall:

1. produce a valid Ticket together with proof of identity with valid photograph (passport or national identity card) in order to provide satisfactory evidence that the Ticket Holder’s identity corresponds to that of the Applicant/Guest whose data was provided to the Finalist;
2. submit to inspections, body checks and examinations (including through the use of technical aids) to ensure that they are not in possession of dangerous, prohibited or unauthorised items. Safety personnel, stewards or police shall be entitled to search any person’s clothing and his/her belongings; and
3. comply with all instructions and guidelines issued by safety personnel, stewards and/or police and/or any other duly authorised persons at the Stadium.

1. 2 The Stadium Regulations contain detailed lists of prohibited items and conduct and each Ticket Holder shall fully comply with any restrictions contained therein. Abbreviated version of the Terms and Conditions and/or Stadium Regulations, or simple icons illustrating prohibited items or conduct, may also be   included on the Ticket and must be fully complied with by the Ticket Holder.

1. 3 Without limitation, it is strictly forbidden to do any of the following inside the Stadium:
   1. occupy or access areas which are closed to the public or for which access is unauthorised in accordance with the relevant Ticket category held by the Ticket Holder;
   2. restrict or loiter in areas open to traffic, footpaths and roadways, entrances and exits to visitor areas and emergency exits; and/or
   3. engage in any other conduct which may endanger any person at the Stadium.

1. 4 Fans supporting the teams participating in the Match may not be segregated at the Stadium and each Ticket Holder will be required to behave responsibly and in line with the safety and security guidelines communicated by UEFA, the Host Association and/or the Stadium Owner.

7. Sound and Image Recordings
   1. Ticket Holders attending the Match at the Stadium, consent to being photographed, filmed or taped by UEFA, the Host Association and/or the Stadium Owner, and/or any third parties appointed thereby, which shall have the right to use, broadcast, publish and license, without any requirement for payment of money or other form of consideration, of Ticket Holder’s voice, image and likeness by means of live or recorded video and/or audio display, broadcast or other transmission or recording, photographs or any other current and/or future media technologies.
   2. 2 Ticket Holders shall not take, record and/or transmit any sound, image and/or description of the Stadium or the Match (as well as any result and/or statistics of the Match) other than for his/her exclusive, private and domestic use (which, for the avoidance of doubt and by way of example only, shall not include recording and/or transmitting any sound, image and/or description of the Stadium for any commercial purposes). It is strictly forbidden to disseminate over the Internet, radio, television or any other current and/or future media, any sound, picture, image, data, description, result and/or statistics of the Match in whole or in part, or to assist any other person(s) conducting such activities.  Copyright, database rights and any other intellectual property rights in any unauthorised recording or transmission under this clause is assigned (by way of present assignment of future rights) to UEFA. Ticket Holders further agree (if and whenever required to do so by UEFA) to promptly execute all instruments and do all things necessary to vest the right, title and interest in such rights to UEFA absolutely and free of all encumbrances and other charges.

4. MISCELLANEOUS

8. Liability
   1. 1 In the event that the Finalist, UEFA, the Host Association and/or the Stadium Owner is in breach of their obligations (under these Terms and Conditions or otherwise), the Finalist, UEFA, the Host Association and/or the Stadium Owner shall only be responsible for such loss or damage suffered by the Ticket Holder which was reasonably foreseeable as a result of the breach.  The Finalist, UEFA, the Host Association and/or the Stadium Owner shall not be responsible for any loss or damage that is not reasonably foreseeable or contemplated at the time the Applicant entered into a contract pursuant to these Terms and Conditions.
   2. 2 Notwithstanding Article 8.1, the Finalist, UEFA, the Host Association and/or the Stadium Owner is not liable for any business losses and the Finalist, UEFA, the Host Association and/or the Stadium Owner will have no liability to any Ticket Holder for any loss of profit, loss of business, business interruption, or loss of business opportunity.
   3. 3 In any event, to the maximum extent permitted by law, the Finalist, UEFA, the Host Association and/or the Stadium Owner hereby exclude any liability for loss, damage or injury to a Ticket Holder and/or their property, including (but not limited to) any indirect or consequential loss or damage, including (but not limited to) loss of enjoyment or travel or accommodation costs, regardless of whether the loss or damage: (a) would arise in the ordinary course of events; (b) is reasonably foreseeable; or (c) is in the contemplation of the parties, or otherwise.
   4. 4 The Finalist, UEFA, the Host Association and/or the Stadium Owner shall not be responsible for any interruptions and/or restrictions to the view of the Match caused by virtue of (i) the position of the seat and/or (ii) the actions of other spectators.
   5. 5 Notwithstanding any provision in these Terms and Conditions, the Finalist, UEFA, the Host Association and/or the Stadium Owner does not seek to exclude or limit their liability: (a) for fraud or fraudulent misrepresentation; (b) for death or personal injury caused by the Finalist’s, UEFA’s, the Host Association’s and/or the Stadium Owner’s negligence or the negligence of any of their officers, employees or agents; or (c) for any other matter for which it is not possible to exclude or limit liability by law.
   6. 6 Nothing stated or implied in these Terms and Conditions will affect the Ticket Holder’s statutory rights.
9. Unauthorised Spectators

1. 1 Ticket Holders are permitted to attend the Match only provided that they are not an Excluded Person and provided that the transfer of the Ticket to the Guest (if applicable) is made subject to and in accordance with Article 4.2 of these Terms and Conditions.

1. 2 For the purpose of this Article 9 “Excluded Person” means:

1. any person banned by the Host Association from membership of the fan club for the national football team, or The Football Association (or banned from any equivalent official supporters club by a football governing body in any jurisdiction in the World);
2. any person subject to a football banning order pursuant to a conviction under the Laws of England and Wales;
3. any person banned by UEFA, FIFA, any football governing body, from travelling to or attending any association’s football match;
4. any person banned by UEFA, the Host Association and/or the Stadium Owner from attending events at the Stadium;
5. any person who is deemed by the participating clubs in the Match to be a person to whom Tickets should not be allocated (including but not limited to persons who have been issued with a stadium ban by the respective participating club); and
6. any person who has breached or is in breach of these Terms and Conditions.

10. Privacy

1. 1 UEFA, acting as data controller, collects and processes personal data for the following two purposes: for organisational and security purposes related to the Match (10.2) and/or for commercial purposes (10.3).

1. 2 The Finalist, on behalf of UEFA, collects and processes the following personal data for the Applicant and their Guest(s): title, surname/first name(s), date of birth, nationality and passport / ID number. This personal data shall be collected by the Finalist, on behalf of UEFA, and provided to UEFA by no later   than 12 August 2019.  All such personal data is collected and processed for the purpose of identification and security related to the Match. 

Personal data is required and is necessary for the legitimate interest of identifying the persons interested in purchasing Ticket(s) and of guaranteeing an effective security system inside and around the Stadium, as well as to combat the unlawful sale of Tickets.

1. 3 Provided that consent has been given by the Applicant during the application process to the Finalist, personal data regarding surname, first name(s) and email address will be collected and processed by the Finalist, on behalf of UEFA, to provide the Applicant by electronic means with information and publicity on UEFA’s products, services, commercial activities and events.

If the Applicant does not wish to receive, or no longer wishes to receive any offers and information from UEFA, he/she can follow the relevant unsubscribe link provided in the emails received from UEFA.

1. 4 UEFA is subject to Swiss and EU data protection laws when collecting and processing personal data.  Personal data submitted by the Applicant to the Finalist, on behalf of UEFA, will be stored and processed in accordance with these Terms and Conditions, the UEFA Privacy Policy set out at http://www.uefa.com/privacypolicy/index.html and the Finalist’s applicable laws on data and privacy

1. 5 UEFA uses the following categories of third party and may transfer personal data to these recipients for the sole purpose of the performance of their activities:

1. technical service providers which help to maintain the security and performance of UEFA’s ticketing system;
2. service providers which help to issue and deliver the Tickets;
3. the Host Association, the Stadium Owner, Stadium security and access service providers which help to organise the Match and maintain safety and security; and
4. the relevant authorities to the extent necessary to maintain safety and security in connection with the Match.

1. 6 The personal data of Applicants and Guests provided to UEFA pursuant to these Terms and Conditions is only collected and processed by UEFA for no longer than is necessary for the purposes described in Articles 10.2 and 10.3, unless the use of such personal data is further required for ongoing administrative or judicial proceedings relating to the Match or, where necessary, for preventing or detecting unlawful actions.

1. 7 Ticket Holders have the right to request access to or information about the personal data related to them which are processed by UEFA. They can access, update and/or request the deletion of their personal data.  Any requests relating thereto shall be sent via https://support.tickets-scup.uefa.com/hc/en-us/requests/new. To do so, UEFA may require any Ticket Holder to provide verification of their identity (e.g. copy of official Identification Document with a photo mentioning their date & place of birth). UEFA may refuse, restrict or defer a request where a formal enactment so provides, where this is required to protect the overriding interests of third parties and/or where its own overriding interests so require or where requests are manifestly unfounded or excessive and where UEFA has the right to do so under the applicable law on data protection (for example, where another legal justification for processing applies). Ticket Holders have the right to file a privacy complaint with their local supervisory authority. Where a Ticket Holder legitimately withdraws or restricts their consent, or otherwise objects to how UEFA process their personal data, UEFA may be unable to allow such individual to purchase a Ticket and/or attend the Match.

1. 8 By submitting their application to the Finalist for Tickets, each Applicant accepts and acknowledges that he/she has understood how UEFA will process their personal data under this Article 10 and, where consent is required under the applicable laws, consents to the processing of their personal data as detailed herein. Each Applicant also confirms that he/she is authorised by each Guest to disclose the personal data of its Guest(s) to UEFA for the purposes detailed hereunder and, where consent is required under the applicable laws, has obtained each Guest’s consent to the processing of their personal data as detailed herein.

11. Unforeseen Circumstances

1. 1 UEFA, the Host Association and/or the Stadium Owner reserve the right to make alterations to the time, date and location of the Match due to unforeseen extraordinary circumstances: force majeure, safety and/or security reasons or other decisions made by any competent authority which have a major impact on the Match being played at the Stadium.

1. 2 In the event of cancellation, abandonment, postponement or replaying of the Match, Article 8 of these Terms and Conditions shall apply and:
   1. the Ticket will allow entry to the rearranged Match; and
   2. subject to the foregoing and Article 8, the Finalist, UEFA, the Host Association and/or the Stadium Owner will not have any liability to the Ticket Holder on account of any such cancellation, abandonment, postponement, replay or other failure or deficiency in the conduct of the Match.

12. Severability and Amendment

1. 1 UEFA reserves the right to change these Terms and Conditions if necessary to ensure proper and safe staging of the Match at the Stadium.  The Finalist will notify the Ticket Holder of such changes if they materially affect the Ticket Holder’s rights as a consumer and the Ticket Holder will have the choice to consent to such changes or to refuse to accept the Ticket(s) (and if already in possession of the Ticket(s), return the Ticket(s) to the Finalist) and thus not to be bound by the amended Terms and Conditions.

1. 2 Should any provisions of these Terms and Conditions be declared void, ineffective, illegal or unenforceable by any competent court, regulator or authority, the remainder of these Terms and Conditions shall remain in effect as if such void, ineffective, illegal or unenforceable provision(s) had not been included.

13. Authentic Text

1. 1 These Terms and Conditions have been drafted in the English language and are available from the Finalist.

14. General

1. 1 Each Applicant consents to these Terms and Conditions for themselves and on behalf of their Guest(s) (i.e. the Applicant shall ensure that their Guest(s) understand(s), agree(s) and will comply with these Terms and Conditions).

1. 2 These Terms and Conditions constitute the entire agreement between the parties and no party shall have any claim or remedy in respect of any statement, representation, warranty or undertaking, made by or on behalf of any other party in relation to these Terms and Conditions which is not already set out in these Terms and Conditions.

1. 3 These Terms and Conditions are governed by the laws of England and Wales. The parties agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute arising under or in connection with these Terms and Conditions.

Appendix C

Privacy Notification

Privacy Notification

2019 UEFA Super Cup™ Finalist Ticketing Sales