(A) These Terms and Conditions (“T&C’s”) establish the agreement between you (the “Seller(s)”) in respect of the listing and sale of Debenture Tickets (“Tickets”) for the “Championships”, and Wimbledon Debenture Tickets (“WDT”), acting as an agent for the Seller(s)
(B) The Sellers must read the following Sellers’ Terms & Conditions (“T&C’s”) carefully before (i) using this website (“Website”), and (ii) using the services of WDT (“Services”), who are acting as agents of the Sellers. By using this Website and the Services, the Seller confirms acceptance of these T&C’s and agrees to comply and be bound by them.
These T&C’s should also be read in conjunction with the following:
(i) Our Privacy Statement, which sets out how WDT will process any personal data that is collected and or provided to WDT by both Sellers and Buyers.
(ii) Our Cookie Statement, which sets out information about the use of cookies on our Website.
1.1) Capitalised terms used in these Terms and Conditions shall have the following meanings.
“Account” means a unique account that can be created by a prospective Seller on the Website.
“Authorised Representative” means a person or body that has been given written authority by the Debenture Holder to act on their behalf for the sale of the Ticket(s).
“Buyer(s)” means the person making a Booking Request.
“Booking Request” means the request by the Buyer to purchase Tickets from the Seller, via WDT, acting as agent of the Seller.
“Certificates” means the Debenture Certificates that are issued by Wimbledon, providing proof of the ownership of the Tickets for a maximum of 5-years.
“Commencement Date” means the date on which WDT accepts the Booking Request, acting as agent for the Seller;
“Commission” means the amount charged by WDT to the Seller, which is subject to VAT at the prevailing rate, payable for acting as agent of the Seller, for the sale and delivery of the Ticket(s);
“Contract” the contract between the Seller and the Buyer for the sale of the Tickets, facilitated by WDT as an agent of the Seller;
“Championships” means “The Championships”, also known as the Wimbledon Tennis Championships, played annually at the All England Lawn Tennis Club, Wimbledon, one of the four Grand Slam events of professional tennis;
“Debenture Holder” means the registered holder of Wimbledon Debenture Ticket(s), either for Centre Court or No.1 Court, which are issued by Wimbledon for a 5-year term;
“Digital” means tickets that are available in an electronic format, usually accessible via an App on a Smartphone;
“Force Majeure Event” means any circumstance not within a Party’s reasonable control including, without limitation, adverse weather conditions, acts of God, flood, drought, earthquake, other natural disaster, epidemic or pandemic, terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations, nuclear, chemical or biological contamination or sonic boom, any law or any action taken by a government or public authority, collapse of buildings, fire, explosion or accident, any labour or trade dispute, strikes, industrial action or lockouts (other than in each case by the affected Party, or companies in the same group as that Party), non-performance by suppliers or subcontractors (other than by companies in the same group as the affected Party) and interruption or failure of utility service;
“Information” has the meaning given to it in Clause 2.5;
“Listing” means the offer for sale of Ticket(s) on the Website;
“Login” means the security details required to create and access the Account;
“MyWIMBLEDON Account” means the account that the Seller(s) needs to set up, via the Wimbledon Website, to allow them to transfer the Tickets;
“Net Price” means the amount the Seller receives for the sale of a ticket, which has already had WDT’s Commission deducted;
“Paper” means tickets that are printed on paper;
“Party” means each of the Buyer and the Seller (together, the “Parties”);
“Re-arranged Event” has the meaning given to it in Clause 8.2;
“Sale Price” means the amount the Buyer pays for a ticket;
“Seller(s)” means the Debenture Holder, who can legitimately sell Tickets for individual days of the Championships;
“Services” means the administrative activities provided by Wimbledon Debenture Exchange in acting as agent for the Seller(s) in the sale & distribution of their Tickets to the Buyer(s);
“Tickets” means the Debenture Tickets that provide entry and reserved seating into the Championships, which may be in the form of a ‘Digital’ or ‘Paper’ ticket;
“Website” means WimbledonDebentureTickets.online;
“Wimbledon” means the All England Lawn Tennis Club (AELTC) who are responsible for hosting and organising the Championships;
“Wimbledon Website” means www.wimbledon.com where a “MyWIMBLEDON” account can be set up to assist with the transfer and receipt of the Tickets.
2.1) In order to list tickets for sale on the WDT Website (“Website”), a prospective Seller needs to register and create an account (“Account”) on the Website.
2.2) In order to register, a prospective Seller must be a registered Wimbledon Debenture Holder (“Debenture Holder”) or prove that they have the complete authority of the Debenture Holder (“Authorised Representative”). WDT reserves the right to terminate an account of any person that is not a Debenture Holder or cannot prove they are an Authorised Representative.
2.3) The Seller must be over the age of 18 and have the capacity and authority to enter into legal binding contracts.
2.4) The Seller must provide a copy of the debenture certificate(s) (“Certificates”) to WDT, which will be requested by WDT as part of the registration process.
2.5) It is the responsibility of the Seller to provide WDT with their correct details during the registration process, in respect of their name, address, email address, contact telephone number(s), and the availability of their Tickets (“Information”).
2.6) The Seller must keep the Information in their account up to date.
2.7) If the Seller provides any details that are not complete or incorrect then WDT reserves the right to terminate the Seller’s account.
2.8) Registration on the Website indicates that the Seller is willing and able to sell Tickets, however registration does not create a binding contract for the sale of Tickets.
2.9) The Seller(s), as principal, will be required to declare at registration that (i) they are not a VAT-registered person making a supply in the course of business, and (ii) that they agree to WDT acting as agents for them in the supply of the Services.
2.10) By registering on the Website the Seller agrees to receive correspondence from WDT by email, telephone or post to allow WDT to administer the account, list Tickets (as agents of the Seller), and to notify the Seller of any successful sale of listed Tickets.
2.11) To create and access (“Login”) their Account the Seller will need a username, email address and password. The Seller accepts that they are responsible for maintaining the security of their Login details.
3.1) A Seller is entitled to terminate their account, for any reason, by giving notice to WDT by email. WDT will confirm the deletion within two working days and will remove any Ticket Listings thereof. The Seller acknowledges that WDT is entitled to keep any previous transaction details to comply with legislative obligations.
3.2) If a Seller wishes to delete their Account (as in Clause 3.1) they must, however, honour any sales contracts with Buyers they had previously agreed to where Tickets have not yet been delivered to the Buyer(s).
3.3) Without prejudice to any remedy that WDT may have, WDT may terminate or suspend with immediate effect and without notice (without any liability to the Seller) the Seller’s access to their Account, and use of the Website, and the agreement between them created by these Terms and Conditions under the following circumstances:
3.4) In accordance with Clause 2.2 should the Seller cease to be a Debenture Holder or an Authorised Representative then they hereby agree to immediately notify WDT by phone and in writing, whereby the Seller’s Account will be terminated.
3.5) In accordance with Clauses 3.3 & 3.4 if the Seller has sold Tickets and then ceases to be a Debenture Holder the Seller hereby agrees to repay to WDT, within 7 days, any sums the Seller may have received for the sale of Tickets not yet issued or delivered. In such circumstances WDT shall notify any respective Buyers and, after receipt of the refund from the Seller, will refund the purchase price to the Buyer less any administrative or other charges, or make arrangements to source alternative Tickets for the Buyers.
4.1) The Contract shall be deemed to be in force when the Buyer’s Booking Request has been accepted by WDT, acting as agent for the Seller. A confirmation email, sent by WDT (acting as agent for the Seller) will constitute the Commencement Date of the Contract.
4.2) WDT is acting solely as an agent of the Seller and does not acquire title in or to any Tickets(s).
4.3) Payment must be made by the Buyer upon making a booking, in accordance with the payment schedule specified on the Website, at the time of booking. If full payment is not made by the Buyer, by the due date as specified by WDT, then WDT may treat such failure as a breach of the Contract to purchase Tickets, whereupon the Seller may be entitled to relist those Tickets for sale without any notice to the Buyer.
4.4) The price to be paid by the Buyer for the Tickets shall include WDT’s commission (“Commission”) and service charges (“Service Charge”). The payment made by WDT to the Seller will be the Ticket price less the Commission and Service Charge due to WDT (plus any VAT chargeable at the prevailing rate).
4.5) The Seller agrees to deliver the tickets to WDT within 7 days of the Seller receiving the Tickets from Wimbledon, and no later than 2 days prior to the event day purchased by the Buyer (should it be a late sale).
4.6) Tickets will be issued by Wimbledon to the Seller as either “Digital” tickets or “Paper Tickets”. The Seller agrees to transfer the Digital Tickets to WDT’s “MyWIMBLEDON Account” by electronic means, or deliver “Paper Tickets” by secure mail, such as Royal Mail Special Delivery. Delivery of the Tickets to WDT is the responsibility of the Seller, at the Seller’s sole cost.
4.7) Failure to deliver the Tickets to WDT by the Seller, either on time or at all for any reason including in the event of Force Majeure, shall constitute a breach by the Seller of these Terms and Conditions and the Contract, which will, in addition to the other provisions of these Terms and Conditions, and without prejudice to any other rights of WDT or the Buyer, entitle the Buyer to terminate the Contract (upon giving written notice to the Seller via WDT).
4.8) WDT, acting as agent for the Seller, shall make the necessary arrangements to deliver the Tickets to the Buyer, upon receipt of the same Tickets from the Seller.
4.9) In accordance with Clause 4.6, the responsibility for the delivery of the Tickets by the Seller shall not be reduced, discharged or otherwise affected under any circumstances including, without limitation, the following:
4.10) Where the Seller fails to make delivery of the Tickets the Seller shall make a full refund of monies received for those tickets back to WDT within 14 days and authorises WDT to refund the Buyer. The Seller also acknowledges that the Buyer may be entitled to seek additional monies to replace the Tickets not supplied by the Seller.
4.11) The sales process will involve the Seller offering Ticket(s) for sale on the Website, the Buyer confirming a purchase on the Website for those Ticket(s). WDT, acting as agent to the Seller, confirming to the Seller receipt of full payment from the Buyer, which shall operate as an instruction to WDT, as agents, to deliver the Tickets to the Buyer following WDT’s receipt of the Tickets from the Seller.
4.12) It should be noted that the delivery and refund obligations of the Seller shall be of the essence of these Terms & Conditions.
4.13) The Seller shall ensure that it complies with all applicable laws, regulations, rules and codes of practice in relation to the Listing and sale of Tickets and in relation to all of its obligations under these Terms and Conditions and shall indemnify WDT for any failure to comply.
5.1) WDT hereby agrees to pass on to the Seller a deposit (usually 50%, unless otherwise advised), upon receiving payment from the Buyer for the Ticket(s).
5.2) The deposit payment made by WDT to the Seller will be calculated as a percentage of the Buyer’s full payment for the Ticket(s), less WDT’s full commission, service charge, VAT & disbursements. WDT may, at its sole discretion, agree different payment options with individual Sellers.
5.3) Final payment will be passed on to the Seller within 30 days of WDT receiving the Ticket(s) from the Seller.
5.4) The final payment made by WDT to the Seller will be calculated as the Buyer’s full payment for the Ticket(s), less the deposit payment made, as detailed in Clause 5.2.
6.1) The Seller has the option to input their required Net Price, which is the amount the Seller receives from WDT for the sale of the ticket. The Sale Price is the price the Buyer pays. Where the Seller offers tickets for sale without specifying a Net Price, then WDT, acting as agent for the Seller, has the right to set and change the price applicable to any Ticket (either upwards or downwards to reflect market conditions) at any time, prior to a booking being confirmed by a Buyer.
7.1) All completed sales are final.
7.2) The Seller shall not cancel or amend any Tickets, following the Commencement Date of the Contract.
8.1) The Seller is responsible for determining whether any taxes (including VAT) are chargeable on the Seller’s sale of tickets and must notify WDT prior to any listing of tickets (“Listing”), and, if so, any tax due will be included in the Payment in accordance with Clause 4.4. For the benefit of doubt the Buyer will only be due to pay WDT, acting as agent for the Seller, the amount shown on the Website at the time of sale, and any additional taxes due to be paid by the Seller, must be included in the sales price. The Buyer or WDT, acting as agent for the Seller, will not be responsible for paying any additional amounts over and above the sale price(s).
9.1) If play on any day during the Championships is cancelled or restricted for any reason, including but without limitation, due to inclement weather then the Seller hereby agrees to refund to the Buyer in full all amounts received from the Buyer, which the Seller shall pass to WDT who shall in turn pass on to the Buyer of those Tickets. In the event of cancellation or postponement where play is postponed or re-arranged, Clauses 8.2 & 8.3 shall apply.
9.2) If the Championships is postponed and re-arranged for an alternative date (“Re-arranged Event”), the Seller, may, by confirming in writing to WDT, either:
9.3) If the Championships is cancelled (and not rescheduled) for any reason (including but not limited to acts of Force Majeure), and Wimbledon enables and authorises refunds to the Seller, the Seller hereby agrees to pay the corresponding refund to the Buyer, which WDT agrees to pass on to the Buyer (less any expenses connected with the sale of the Tickets and any reasonable administrative charges), subject to receipt of the same from the Seller. The amount to be refunded by the Seller shall be limited to the amount received by the Seller from Wimbledon.
9.4) In the event of partial cancellation or abandonment of a day(s) during the Championships, any refunds received by the Seller in respect of those days are subject to the terms outlined in Clause 8.2.
9.5) In circumstances involving Force Majeure, WDT shall have no liability to the Seller for any claim or loss alleged by the Seller to have arisen therefrom.
9.6) The Seller is advised to arrange, at its sole cost, its own comprehensive insurance policy to cover any risks associated with the cancellation of the Championships.
10.1) The Seller hereby acknowledges that WDT is acting as agent for the Seller in arranging the sales of Tickets. The Seller shall indemnify WDT against any liabilities which WDT may incur provided WDT was acting with reasonable care and skill within the scope of its authority under these Terms and Conditions.
10.2) WDT will be liable to the Seller only for losses up to a maximum value of the Commission as provided for at Clause 4.4, in circumstances where losses are suffered by the Seller due to any act or omission of WDT.
10.3) WDT will not be liable for any indirect losses including consequential, special or punitive damages including lost opportunity or loss of profits.
11.1) These Terms and Conditions constitute the entire agreement between the Parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
11.2) Each Party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each Party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in these Terms and Conditions.
12.1) Third Party Rights. Unless it expressly states otherwise, these Terms and Conditions do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions t.
12.2) No Partnership. Nothing in these Terms and Conditions is intended to, or shall be deemed to, establish any partnership or joint venture between the Parties.
12.3) Notices. Any notice or other communication given to a Party under or in connection with these Terms and Conditions shall be in writing, addressed to that Party at its registered office or such other address as that Party may have specified to the other Party in writing in accordance with this Clause, and shall be delivered personally, or sent by pre-paid first class post or other next working day delivery service, or by commercial courier or email.
12.4) Severability. The parties intend each of these terms to be severable and distinct from the others. If any one or more of these terms 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 Terms and Conditions shall not be affected.
12.5) Amendments to these Terms and Conditions. No variation of these Terms and Conditions or the Contract shall be effective unless it is in writing and signed by the Parties (or their authorised representatives).
12.6) Governing Law. These Terms and Conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, or the relationship between the Parties shall be governed by and construed in accordance with the law of England and Wales.
12.7) Trading Name. Wimbledon Debenture Tickets and wimbledondebenturetickets.online are trading names of Debenture Tickets Ltd (Registered Number: 14009720 England & Wales).
12.8) Jurisdiction. Each Party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions or its subject matter or formation.
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