2014 FIFA Football World Cup Brazil™ Special Terms and Conditions of Booking

Please read these booking conditions carefully, they form an important part of the contract for your holiday.

All holidays advertised in our brochures and on our website are operated by Thomson Sport (UK ) Limited registered number 05270230 (hereinafter called ‘the Company’, ‘we’, ‘us’ or ‘our’), a member of the TUI Travel PLC group of companies, of TUI Travel House, Crawley Business Quarter, Fleming Way, Crawley, West Sussex, RH10 9QL, and are sold subject to the following conditions:

Insurance.

Please Note:  Adequate and valid travel insurance is compulsory for all Thomson Sport (UK) Limited travellers and it is a condition of accepting your booking that you agree you will have obtained adequate and valid travel insurance for your booking by the date of departure.

1. Your Financial Protection.
The Package Travel, Package Holidays and Package Tours Regulations 1992 require us to provide security for the monies that you pay for the package holidays booked from us and for your repatriation in the event of our insolvency.

We will provide you with financial protection for any ATOL protected flight or flight inclusive holiday that you buy from us by way of our Air Travel Organiser’s Licence number 9554, administered by the Civil Aviation Authority (‘CAA’). When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.

We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable). If we, or the suppliers identified on your ATOL Certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claim which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme. The price of your holiday includes the amount of £2.50 per person as part of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in our advertised prices.

When you buy an ATOL protected flight or flight inclusive holiday, all money accepted from you by a travel agent acting as our agent is held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust at all times, but subject to the agent’s obligation to pay it to us for so long as we do not fail. If we do fail, any money held at that time by the agent, or subsequently accepted from you by the agent, is and continues to be held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us.
When you buy arrangements other than an ATOL protected flight or flight inclusive holiday, all money accepted from you by a travel agent acting as our agent is held by that agent on our behalf at all times.

We will provide you with financial protection for any package holidays you buy from us that do not include travel by air by way of a bond held by ABTA. For further information, visit the ABTA website at www.abta.com. 

If you book arrangements other than an ATOL protected flight or a package holiday, the financial protection referred to above does not apply.

We are a Member of ABTA, membership number Y2795. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct.

2. Your Booking.
 

2.1 Match Tickets to the Event: We, Thomson Sport (UK) Limited, are not an official FIFA supplier or official tour operator and as such are unable to offer match tickets to the Event. For the avoidance of doubt, we cannot sell match tickets to the Event and match tickets are not included in our packages. However, subject to the terms of these booking conditions, we offer all clients who book a specific ‘England Package’ with us a full refund in the event that you do not obtain match tickets for the group matches involving England in the Event from one of the official ticket source as listed below by 7th February 2014:
a) 2014 FIFA World Cup Brazil™ Official Ticket Lottery (please visit FIFA’s website: http://www.fifa.com/worldcup/ );
b) 2014 FIFA World Cup Brazil™ Official Hospitality (available from one of our agents);
c) The FA’s official membership scheme called ‘englandfans’. The FA will receive an official allocation of match tickets to the Event from FIFA for members of englandfans to purchase. 

To validate a refund based on not getting an official match ticket, you must present proof of an official unsuccessful application and have applied for tickets via the englandfans membership scheme in which we enrol you.

We, Thomson Sport (UK) Limited, are the Official Overseas Travel Partner of englandfans and all of our clients who purchase a 2014 football world cup package to Brazil from us will automatically become a member of englandfans as part of their package. If you are a member of englandfans prior to purchasing a 2014 football world cup package to Brazil from us, we will pay for your membership to be extended with The FA for a further 2 years, until and including the UEFA EURO2016™ France.

By purchasing a 2014 football world cup package to Brazil from us, you agree to us enrolling you into the englandfans membership scheme and you agree to comply with, and accept, the englandfans Code of Conduct as set out in Appendix 1 of these booking conditions.

At the time of booking, you must provide us with the following information for each member of your party in order that we can enrol you into the englandfans membership scheme. Without this information we cannot enrol you into the englandfans membership scheme and as such you will not be entitled to purchase match tickets from The FA (as detailed in this section at point c)) and you will not be entitled to a refund of your booking with us based on not getting an official match ticket. It is your responsibility to provide us with the below information, accurately and in full:

         i.            Title;

       ii.            Gender;

      iii.            First name;

     iv.            Middle name;

       v.            Surname;

     vi.            Date of birth;

    vii.            Phone number;

  viii.            Country;

     ix.            Postcode;

       x.            Address;

     xi.            Email;

    xii.            Place of birth;

  xiii.            Passport number;

  xiv.            Passport expiry;

   xv.            Password;

  xvi.            Do you consider yourself disabled?;

xvii.            Ethnic background; and

xviii.            Football team supported.

Furthermore, and in accordance with the englandfans Code of Conduct (as set out in Appendix 1 of these booking conditions), you must notify us and The FA at the time of booking if you have ever been convicted, cautioned, bound over, or received a fixed penalty notice in relation to an offence of violence or public order (whether football related or not), or any other football related offence anywhere in the world. Relevant offences under the law applicable in England and Wales are any offence which relates to violence or public order or football related matters and shall include (without limitation) the following: murder; threat or conspiracy to murder; manslaughter; any offence of wounding, including, inflicting grievous bodily harm; any offence of assault including occasioning actual bodily harm; riot; violent disorder; causing an affray; unlawful possession of an offensive weapon or firearm or other firearms offences; burglary; robbery; breach of the conditions of an injunction against harassment; putting a person in fear of violence; specific offences connected with a football match such as racist chanting, entering the field of play without authority, throwing objects and an offence of ticket touting (section 166 Criminal Justice and Public Order Act 1994 (as amended)); breach of restraining order or Anti-Social Behaviour Order; any racially aggravated offence of wounding or inflicting grievous bodily harm, actual bodily harm, common assault, intentional harassment, alarm or distress, putting people in fear of violence; arson; criminal damage; endangering life (excluding arson); kidnapping; hijacking; false imprisonment; any Public Order offence, including drunkenness, threatening or insulting words or behaviour, racist behaviour, criminal damage or any offence under the Sexual Offences Act 2003 or the Protection of Children Act 1978, or possession of a Class A drug. Any offence of attempting, conspiring, inciting, aiding, abetting, causing or permitting any of the relevant offences set out above shall be classified for these purposes as the offence itself, and any equivalent or similar offence under the law of another jurisdiction shall be classified for these purposes an offence of violence or public order.

In the event that you have been convicted, cautioned, bound over, or received a fixed penalty notice in relation to any offences, The FA will decide whether the offence is relevant. If The FA considers the offence to be relevant, you may be excluded from the englandfans membership scheme, however you will be entitled to appeal to the Independent Appeals Body (“IAB”).

In the event that you notify us and The FA that you have been convicted, cautioned, bound over, or received a fixed penalty notice in relation to any offences, and you are consequently excluded from the englandfans membership scheme, you will receive a refund of monies paid by you for your booking. In the event that you have been convicted, cautioned, bound over, or received a fixed penalty notice in relation to any offences and you do not notify us and The FA, or if, after being enrolled into the englandfans membership scheme, you are subsequently excluded from the englandfans membership scheme for any reason prior to the Event, we will treat your booking as cancelled by you and you will have to pay full cancellation charges.

2.2 By making a booking with us for a 2014 football world cup package to Brazil, you agree the following:

a) There will be a minimum 3 (three) nights hotel stay in any game venue city which will always include the night before and the night following the game. The maximum stay in any city will be determined by us based on logistical issues.
b) Unless specifically detailed, hotel rooms are based on 2 adults sharing one room in either (1) one large bed or (2) single beds, for 13 consecutive nights. Rooms are allocated on a “run of house” basis and all hotels vary from property to property. Budget, Moderate and Sophisticated are terms used by CVCSA to categorize hotels for the CVCSA Follow England product only, and do not relate to, or attempt to emulate, any official, or unofficial, accommodation rating system, either within, or outside Brazil. The Follow England product is available in “Moderate” (Brazilian 4*) only. When allocating a hotel to a category we take into account a wide variety of considerations, such as, but not limited to, size, location, distances from airports and/or stadiums and our general “feel” for a property and its surrounds for a football tour. All rooms have private facilities and air-conditioning unless specifically mentioned.
 

3. How to Book.
To make a booking you can contact us either directly over the telephone, or via our website at www.thomsonsport.com (‘Website’). The person making the booking (the ‘lead name’) must be 18 years old or over and possess the legal capacity and authority to make the booking and accepts these booking conditions on behalf of everyone in their party. Whether you book alone or as a group, we will only deal with the lead name in all subsequent correspondence, including changes, amendments and cancellations. The lead name is responsible for ensuring the accuracy of the personal details or any other information supplied in respect of yourself and any other person travelling on the booking and for passing on any information regarding the booking or any changes made in relation thereto, to all persons travelling on such booking, including but not limited to information on schedule changes or copies of booking confirmations.

You will need to pay a deposit of £4,000 to us at the time of booking (however for bookings for sports hospitality, and for scheduled flights, you will be required to pay for 100% of the value of the total booking at the time of booking) . You may also be required to pay for any non-transferable and non-refundable items such as entrance fees and permits. The deposit requested may therefore equal 100% of the value of the total booking. We will then invoice you for the remainder of the cost due before you travel, which you must pay not later than 70 days before departure. If you book less than 70 days before departure, full payment (less any payment which must be paid locally) must be made on booking.   If you do not pay the balance by the due date your booking will be cancelled and you will forfeit your deposit. If you do not pay the local payment on the due date your booking will be cancelled (and we shall have no further liability to you) and cancellation charges will be levied as appropriate. If we accept your booking, we will issue a Confirmation Invoice. A contract will exist between us from the date we issue the Confirmation Invoice or if you book within 7 days of departure the contract will exist when we accept your deposit payment. When you receive the Confirmation Invoice please check the details carefully and inform us immediately if anything is incorrect. Names on travel documents must exactly match those in your passports. Unless we are responsible for the mistake, we will not accept liability if an airline or other supplier refuses boarding because the name(s) shown in your passport differ from those on your ticket. Travel documents will be sent or emailed to you approximately 2 weeks before the departure of your holiday, and will not be issued unless payment of the due balance has been received and any cheques have cleared. We cannot accept any liability for tickets lost in the post. If you live outside the UK we will normally email any trip information documents. If requested in the trip information documents you must reconfirm the reservations, timings and check-in details of your flight with the airline concerned at least 72 hours before departure. This applies to your outward flight and to your return flight. If you miss a flight or suffer any disruption as a result of not following our instructions as to reconfirmation we will have no liability to you.

Your personal safety is of paramount importance to us and therefore it is imperative that you advise us at the time of booking of any condition, medical or otherwise, that might affect your or other people’s enjoyment of the trip.

It is a condition of your booking that you and all members of your party provide certain information that may be sent to governmental authorities and border control and security agencies for the purpose of security and counter terrorism. This is known as Advanced Passenger Information, sometimes known as APIS. For the United Kingdom, it may be referred to as ‘E-Borders’. The information you must provide will include, but not be limited to, full name – as shown in your passport or travel document, gender, date of birth, travel document type, number, country of issue and expiry date, and for travel to the U.S., your country of residence and the address for your first night’s stay. You must provide this information to the airline between 6 months and 24 hours before departure.

We may transfer your booking to another company within our group, but this will have no effect on your holiday arrangements.

4. Prices, Surcharging, and Air Passenger Duty.
All prices we advertise are accurate at the date published, but we reserve the right to change any of those prices from time to time. Prices include a cost for fuel that was estimated at the date of this publication.  Prices on our website are updated regularly. Before you make a booking we will give you the up-to-date price of your chosen holiday including the cost of any peak-season supplements, upgrades or additional facilities which you have requested. Prices quoted in this brochure are based on exchange rates published by OANDA on 01/02/2013.

Changes in transportation costs, including without limitation the cost of fuel, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports and exchange rates mean that the price of your travel arrangements may change after you have booked. However, there will be no change within 30 days of your departure. Any changes in taxes, entry fees and/or charges that we collect at net cost on behalf of local and government bodies will be passed on to you in full or refunded to you in full (Net Cost Charges). We will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums, Net Cost Charges and any amendment charges. You will be charged for the amount over and above that, plus an administration charge of £10.00 per person together with an amount to cover agents’ commission. If this means that you have to pay an increase of more than 10% of the price of your travel arrangements, you may either accept a replacement holiday from us of equivalent or similar standard and price (at the date of the change) if we are able to offer you one or you may cancel your holiday booking and receive a full refund, except for any amendment charges. Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date printed on your final invoice. If any change in our costs would cause a reduction in your holiday price, we will not make refunds of amounts less than 2% of the price of your travel arrangements, which excludes insurance premiums, Net Cost Charges and any amendment charges, but we will refund in full amounts exceeding such 2%, after deducting an administration charge of £10.00 per person. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.

In all cases, we will only consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy.

Dates and itineraries shown for holidays are indicative only and subject to change.

Air Passenger Duty “APD”, which is payable by all passengers departing from UK airports, is included in the price of your holiday/flight ticket. The price of your holiday will include APD for an economy seat. If you upgrade to a premium cabin this will be included in the upgrade cost. In view of the current volatility of world oil prices, a fuel supplement may be added to the price of your holiday at the time of booking.

5. If you Change or Cancel your Booking.
5.1 If, after our confirmation has been issued, you (i) make a change to your existing booking, we will charge an amendment fee of £30 per booking for each change or (ii) wish to change to another of our holidays or change departure date, we will try to make the changes subject to availability, provided that notification is received in writing at our offices from the lead name at least 70 days before departure and you pay £30 per person to cover our administration costs.
5.2 In addition to the fee we charge, any alteration, whether a change to an existing booking or a change to another holiday or departure date, will also be subject to payment by you of any costs imposed by any of the suppliers providing the component parts of the holiday. If the holiday to which you transfer is more expensive than the one you originally booked, a further deposit will also be payable.  Any alteration by you within 70 days of departure will be treated as a cancellation of the original booking and will be subject to cancellation charges.

5.3 Subject to section 5.4, where you are unable to travel you can transfer your booking to another person, providing the following conditions are met:
a) you notify us in writing at least 70 days before departure and give us authority to make the transfer; and
b) your request is accompanied by all original travel documents which you have received and the full name and address of the person to whom you wish to transfer your holiday booking (“transferee”); and
c) the transferee accepts the transfer and these booking conditions, and fulfils any conditions that apply to the booking; and
d) the transferee shows us evidence of their holiday insurance, as your policy cannot be transferred, and the premium cannot be refunded; and
e) payment is made by you of an administrative charge of a minimum of £30 per person plus payment of all costs charged or levied by those supplying your travel arrangements.
Both the transferor and transferee will be jointly and severally liable for payment of the holiday price and other associated expenses.

5.4 Some airline carriers and other transport providers treat name and departure detail changes, such as date and time changes, as a cancellation. Accordingly you may have to pay for the cancelled ticket and be required to pay for the full cost of a new ticket.

5.5 You, or any member of your party, may cancel your holiday at any time providing that the cancellation is made by the lead name in writing. Notice of cancellation will be effective upon receipt by us of your written communication. As we start to incur costs from the time the contract is confirmed we will retain your deposit and in addition will apply other cancellation charges as shown in the table below (please note that separate cancellation charges apply for scheduled flights, sports hospitality and additional services which are booked after the booking has been confirmed and are set out later in this section 5.5). These charges are based on how many days before your booked departure we received your cancellation notice. These charges are a percentage of the total cost of your booking, not including your insurance premium. If you want to cancel one or more passengers on the booking you will have to pay a proportion of the applicable cancellation charge based on the number of passengers you wish to cancel from the booking:

Please note that for certain travel arrangements (e.g. many scheduled transport providers including scheduled flights, and sports hospitality) the cancellation charge may be higher than those shown. In certain cases a 100% cancellation fee applies as soon as the booking is made and the ticket is issued. With regards to bookings for scheduled flights, and for sports hospitality, you will be required to pay for 100% of the value of the total booking at the time of booking. Cancellations in respect of scheduled flights, sports hospitality and additional services which are booked after the booking has been confirmed in the manner detailed above in section 3, will incur a cancellation charge of 100% of the total booking price, however we will use our reasonable endeavours to re-sell any cancelled booking on your behalf to help reduce your liability, under your instruction, but we accept no liability if this cannot be achieved. In the event of any such cancelled bookings being re-sold, we shall credit you up to 75% of the total original booking value and any additional services booked and subsequently cancelled by you. We shall be entitled to retain the remainder of the sum received as a result of the re-sale as a handling fee. The amount of credit due to you will depend on the revenue received by us from the re-sale of the cancelled booking (including any additional services) and will only be credited to you after the event date. Please ask for full details of cancellation charges at time of booking. We strongly recommend you to take out insurance that includes cover against irrecoverable cancellation costs.  Additionally, you will remain responsible for the full amount of your insurance premium and this will not be refunded in the event of your cancellation. You may however be able to transfer this cover to another holiday. If you are travelling on a scheduled flight, we cannot give you any refund until we have received your old travel documents, including tickets.

5.6 All communications relating to this contract (in particular any requests to cancel or amend your holiday arrangements) must be from the Lead Name in writing and in English and delivered by hand, fax, email or sent by recorded delivery post to Thomson Sport (UK) Limited, TUI Sport London Office, 4th Floor Tuition House, 27-37 St George’s Road, Wimbledon, SW19 4EU.

6. If we Change or Cancel your Booking.
We reserve the right to cancel your booking or change any of the facilities, services or prices described in our brochures or website. We will endeavour to advise you of any changes known at the time of booking. We plan the arrangements for your holiday many months in advance and may occasionally have to make changes, most of which are minor. Flight timings and carriers shown in the brochure are for guidance only and subject to change. Your Confirmation Invoice will show the latest planned timings. Your actual flight timings will be shown on your ticket (including any e-ticket itinerary), which you should check carefully as soon as you receive it. A change of carrier will not be considered a major change. If a major change becomes necessary, we will advise you of the change as soon as possible. Whether a change is ‘major’ depends on the nature of the holiday and may include: a significant change of destination; a change in accommodation to that of a lower category; a change in time of your scheduled departure or return flight by more than 12 hours (but not a flight delay); or a change of UK departure airport (excluding changes between London airports, London, Ebbsfleet and Ashford stations and between Dover/Folkestone ports). A delay to your flight that we need to make within 24 hours before you are due to depart will not be considered a major change unless the change is for more than 24 hours. These changes are only examples and there may be other significant changes which constitute major changes. When a major change occurs, you will have the choice of either:
a) accepting the change; or
b) accepting a replacement holiday from us of equivalent or similar standard and price (at the date of the change), if we are able to offer you one; or
c) cancelling your holiday, in which case you shall receive a full refund of all monies paid.

We may also have to cancel your holiday arrangements. Operation of all holidays is dependent on a minimum number of persons booking the holiday. If that number is not achieved, we reserve the right to cancel the holiday. However we will not cancel your holiday less than 4 weeks before the scheduled departure date except for reasons of force majeure (as defined below) or failure on your part to pay the deposit and/or final balance, or any other reason beyond our control. If we are forced to cancel your holiday after departure we will, wherever possible, make suitable alternative arrangements. If we are unable to make such alternative arrangements, or you reject these for good reason then we will return you to your point of departure and refund you for any unused services, if appropriate.

Where we make a major change to or cancel your holiday, except where a major change or cancellation arises from circumstances amounting to force majeure, consolidation due to minimum numbers not being attained, failure on your part to pay the deposit and/or final balance, or for any other reason beyond our control, we will pay you, as a minimum, compensation as detailed below. Any compensation payable will be on these scales, based on how many days before your booked holiday departure we tell you of a major change:

This standard compensation payment will not affect your statutory or other legal rights. We will only make one compensation payment for each full-fare-paying adult in the holiday booking. Any children not paying the full adult fare will receive 50% of these amounts. Children using a free child place will not receive any standard compensation payment.

We strongly recommend that you make no travel arrangements to your point of departure, make any connecting travel that is non-refundable or non-changeable or incurs penalties or incur any costs in respect of visas or vaccinations until such time as your travel itinerary has been confirmed. If you make such arrangements which you are then unable to use due to a change in your itinerary we shall not be liable to you for the cost of those arrangements. 

Circumstances amounting to "force majeure" include any event which we or the supplier of the service(s) in question could not even with all due care, foresee or forestall such as (by way of example and not by way of limitation) war, threat of war, riots, civil disturbances, industrial disputes, actual or threatened terrorist activity and its consequences, natural or nuclear disasters, fire, epidemics, health risks and pandemics, acts of God, unavoidable and unforeseeable technical problems with transport for reasons beyond our control or that of our suppliers, closed or congested airports or ports, hurricanes and other actual or potential adverse weather conditions, and any other similar events.

Under European law (European Community Regulation (EC) No. 261/2004), you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation of and delays to flights. Full details of these rights are publicised at EU airports and are also available from affected airlines. However, you should note that reimbursement of the cost of a flight that forms part of your holiday is the responsibility of your holiday airline and will not automatically entitle you to reimbursement of the cost of your holiday from us. Your right to a refund and/or compensation from us is set out in this section 6. If any payments to you are due from us, any payment made to you by the airline will be deducted. If your airline does not comply with these rules you should complain to the Air Transport Users' Council on 020 7240 6061 www.auc.org.uk.

Please see section 2 regarding what happens in the event that England fails to qualify for the final tournament of the 2014 FIFA World Cup Brazil™.

7. Our Liability, Conditions of Carriage & Limitations.
Our obligations, and those of our suppliers providing any service or facility included in your holiday, are to take reasonable skill and care to arrange for the provision of such services and facilities. You must show that reasonable skill and care has not been used if you wish to make any claim. Standards of, for example, safety, hygiene and quality vary throughout the transport and destinations that your holiday may involve. Sometimes these standards will be lower than those which would be expected in the UK. The suppliers of the services and facilities included in your holiday should comply with local standards where they are provided.   

Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of 3 times the cost of your travel arrangements. Our liability in all cases will be limited in accordance with and/or in an identical manner to the contractual terms of the companies that provide the transportation for your travel arrangements. These terms are incorporated into this contract; and any relevant international convention as detailed below.  We are to be regarded as having all benefit of any limitation of compensation contained in these or any conventions.  You can ask for copies of the transport companies' contractual terms, or the international conventions, from our offices by writing to Thomson Sport (UK) Limited, TUI Sport London Office, 4th Floor Tuition House, 27-37 St George’s Road, Wimbledon, SW19 4EU. 

We shall have no liability where the cause of the failure to provide, or failure in, your holiday or any death or personal injury you may suffer is not due to any fault on our part or that of our agents or suppliers, because it is either attributable to you, or attributable to someone unconnected with your holiday and is unforeseeable or unavoidable, or is due to unusual or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or an event which neither we, nor our agents or suppliers could have foreseen or forestalled.

If any international convention applies to, or governs, any of the services or facilities included in your holiday arranged or provided by us, or provided by any of our suppliers, and you make a claim against us of any nature arising out of death, injury, loss or damage suffered during or as a result of the provision of those services or facilities, our liability to pay you compensation and/or the amount (if any) of compensation payable to you by us will be limited in accordance with and/or in an identical manner to that provided for by the international convention concerned (in each case including in respect of the conditions of liability, the time for bringing any claim and the type and amount of any damages that can be awarded). International Conventions which may apply include, without limitation: in respect of international air travel, the Warsaw Convention 1929 (as amended) or the Montreal Convention 1999; in respect of rail travel, the Berne Convention 1961; in respect of carriage by sea, the Athens Convention 1974; in respect of carriage by road, the Geneva Convention 1973; and, in respect of hotels, the Paris Convention 1962. For the avoidance of doubt, this means that we are to be regarded as having all benefit of any limitations of compensation contained in any of these Conventions or any other international conventions applicable to your holiday. Other than as set out above, and as is detailed elsewhere in these booking conditions, we shall have no legal liability whatsoever to you for any loss or damage.

If you purchase any optional activities that are not part of your pre-booked itinerary, the contract for the provision of that activity will be between you and the activity provider. The decision to partake in any such activity is entirely at your own discretion and risk. If you do have any complaint about, or problem with, any optional activity purchased in resort your claim should be directed to the activity provider and not to us.  However, should you or any member of your party by misadventure suffer illness, injury or death during the period of your holiday from an activity which does not form part of the arrangements made by us or an excursion purchased through us, we shall, where appropriate and subject to our absolute discretion, try to help if we can. We may help everyone on your holiday booking up to a total cost to us of £5,000 as long as the following conditions are met:
a) you must ask us for such assistance within 90 days of the misadventure;
b) you must make a claim under your insurance policy’s legal expenses or other appropriate section. You must show us proof that your insurance company has received your claim; and
c) in the event of there being a successful claim for costs against a third party or a suitable insurance policy or policies being in force, you must repay us the costs actually incurred by us in giving this assistance.

We may operate trips in regions where standards of accommodation, transport, safety, hygiene, medical facilities and other infrastructure may, at times, be lower than those you normally expect and your booking is accepted on the understanding that you realise the hazards involved in travelling to such regions, including injury, disease, loss or damage to property, inconvenience and discomfort. The whole philosophy of this type of travel is one that allows alternatives and a substantial degree of on-trip flexibility. The outline itineraries given for each holiday must therefore be taken as an indication of what you should accomplish, and not as a contractual obligation on our part. Changes in itinerary may be caused by local political conditions, flight cancellations, mechanical breakdown, weather, border restrictions, sickness, or other unforeseeable circumstances. Pro rata refunds will be given for services not utilised wherever possible.

Please note that the timings of air, sea, road or rail departures are estimates only. These timings may be affected by operational difficulties, weather conditions or failure of passengers to check in on time.

Flight Notice, Flight Information & EU Blacklist.
This is a notice required by European Community Regulation (EC) No.889/2002. This notice cannot be used as a basis for a claim for compensation, nor to interpret the provisions of the European Community Regulation (EC) No. 889/2002 or the Montréal Convention, and it does not form part of the contract between the carrier(s), us and you, nor part of a claim. No representation is made by the air carrier(s) or us as to the accuracy of the contents of this notice.
Air carrier liability for passengers & their baggage:
This information notice summarises the liability rules applied by Community air carriers as required by Community legislation and the Montréal Convention.
Compensation in the case of death or injury: There are no financial limits to the liability for passenger injury or death. For damages up to 113,100 SDRs the air carrier cannot contest claims for compensation. Above that amount, the air carrier can defend itself against a claim by proving that it was not negligent or otherwise at fault.
Advance payments: If a passenger is killed or injured, the air carrier must make an advance payment, to cover immediate economic needs, within 15 days from the identification of the person entitled to compensation. In the event of death, this advance payment shall not be less than 16000 SDRs.
Passenger delays: In case of passenger delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for passenger delay is limited to 4694 SDRs.
Baggage delays: In case of baggage delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for baggage delay is limited to 1131 SDRs.
Destruction, loss or damage to baggage: The air carrier is liable for destruction, loss or damage to baggage up to 1131 SDRs. In the case of checked baggage, it is liable even if not at fault, unless the baggage was defective. In the case of unchecked baggage, the carrier is liable only if at fault.
Higher limits for baggage: A passenger can benefit from a higher liability limit by making a special declaration at the latest at check-in and by paying a supplementary fee.
Complaints on baggage: If the baggage is damaged, delayed, lost or destroyed, the passenger must write and complain to the air carrier as soon as possible. In the case of damage to checked baggage, the passenger must write and complain within seven days, and in the case of delay within 21 days, in both cases from the date on which the baggage was placed at the passenger’s disposal.
Liability of contracting & actual carriers: If the air carrier actually performing the flight is not the same as the contracting air carrier, the passenger has the right to address a complaint or to make a claim for damages against either. If the name or code of an air carrier is indicated on the ticket, that air carrier is the contracting air carrier.
Time limit for action: Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived.
Basis for the information: The basis for the rules described above is the Montreal Convention of 28 May 1999, which is implemented in the European Community by European Community Regulation (EC) No. 2027/97 (as amended by European Community Regulation (EC) No. 889/2002) and national legislation of the Member States.

In accordance with European Community Regulation (EC) No. 2111/2005, Article 9, we are required to bring to your attention the existence of a ‘Community list’ which contains details of air carriers that are subject to an operating ban within the European Community. The Community list is available for inspection at www.air-ban.europa.eu.

In accordance with European Community Regulation (EC) No. 2111/2005 we are required to advise you of the actual carrier operating your flight/connecting flight/transfer. We do this by listing carriers to be used or likely to be used as follows: TUI ArkeFly, British Airways, TAM and KLM. The airline may use wide and narrow-body jets. Any changes to the actual airline after you have received your tickets will be notified to you as soon as possible and in all cases at check-in or at the boarding gate. Such a change is deemed to be a minor change. Other examples of minor changes include alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same standard.  Some flights may need to stop en route. If we know about this in advance we will tell you. Flight times shown in the brochure, on the website and on your booking confirmation are not guaranteed. Actual flight times are shown on your tickets. Flight times are local times based on the 24-hr system. It is your responsibility to check in at least 3 hours before departure for international flights, at least 2 hours before departure for European flights (when travelling from within Europe) and at least 90 minutes before departure for domestic flights. If the outbound journey is not used with the inbound flight then the reservation is automatically cancelled.

Please check with the airline regarding luggage allowance limits and the maximum allowable single item baggage weight. If you have a medical condition, serious illness, recently undergone surgery, or have suffered a recent accident, you must advise us and your airline and you may need to be cleared for travel by the airline which will involve obtaining a Fitness to Fly Certificate from your GP.

8. Complaints.
If you have a complaint about your arrangements whilst away, you must immediately notify our local representative and the relevant supplier of the service. If you are not happy with their action in response please follow this up within 28 days of your return home by writing to us at Thomson Sport (UK) Limited, TUI Sport London Office, 4th Floor Tuition House, 27-37 St George’s Road, Wimbledon, SW19 4EU, giving your booking reference and all relevant information. We will acknowledge your written notification within 7 days and aim to provide a full response within 28 days. We can usually sort out any complaints you may have. But if we cannot agree, you can use the Arbitration Scheme devised for the travel industry by ABTA and administered independently, providing the dispute fits within the rules of the scheme.

This is a simple way of sorting out complaints and there are limits on the costs you might have to pay. You do not have to appear in person, but can send documents to explain your complaint. Details and application forms are available from ABTA, 30 Park Street, London, SE1 9EQ. If you prefer, you can take your complaint to the County Court or another suitable court. Information regarding complaints may be shared with other tour operators.

9. Details of Insurance.
Adequate and valid travel insurance is mandatory for all clients while on one of our holidays. You are strongly advised to insure yourself against any possible risk that may occur and in particular to ensure that you have sufficient insurance in respect of dependent relatives. You are required to carry proof of insurance with you and produce it if reasonably requested by Company employees or suppliers. 

You are responsible for ensuring that you are in possession of travel insurance for the entire duration of the holiday in respect of at least medical expenses, injury, death, repatriation, cancellation and curtailment, with adequate cover/benefits. You must ensure that there are no exclusion clauses which limit cover for the type of activities included (including the optional extras featured in our itineraries), or the altitudes attained, in your holiday, as well as any activities you purchase/may purchase that are not pre-booked nor featured in official Company literature.

10. Visa, Health, Passport & Travel Documentation.
Whilst we are able to provide basic advice to clients regarding passports and visa requirements, you should check with the appropriate embassy, consulate or the British Foreign Office for the exact requirements for your chosen holiday and date of travel. It is your responsibility to ensure that you have the correct passport and visas to gain access to any country/region included in the travel arrangements which you purchase from us. If you fail to do so, we have no liability to you for any cost, loss or damage which you suffer, nor will we refund you the cost of any unused portion of your travel arrangements. In some cases, countries will refuse entry to clients who have criminal records. Should you be concerned about this, please check with the embassy or consulate of the countries to which you are travelling.  The lead name is entirely responsible for ensuring that all members of the group have the correct and valid documentation for travel. We cannot accept responsibility for any failure by you to comply resulting in any costs or fines being incurred and we advise you to check with your passport office of the consulate in question if you have any queries. Clients travelling overland to certain destinations may need to also pass through controls of other countries en-route so this should be allowed for with any passport/visa applications.

Please note that for some trips we need to request special permits, and as such we will require your passport details prior to accepting your booking. Furthermore, if you renew your passport after you have booked, you may be required to take your old passport with you to maintain the validity of the permit.

We are able to advise on mandatory health requirements; however, we are not medical experts. It is your responsibility to ensure that you obtain proper and detailed medical advice at least two months prior to travel for the latest health requirements, recommendations for your destination and any costs. Where you do not do so and either are not allowed to enter any country, or suffer personal injury or death as a result, we have no liability to you for any cost, loss or damage which you suffer nor will we refund you the cost of any unused portion of your travel arrangements. Clients with existing medical problems, pregnant women and anyone who has recently visited other countries should check requirements with their general practitioner.

When assessing whether holidays will operate we use information from our local offices in conjunction with advice from the British Foreign Office and other relevant government bodies. It is your responsibility to acquaint yourself with the travel advice provided by these government bodies.  

11. Privacy Policy.
Thomson Sport (UK) Limited’s Privacy Policy sets out what information we collect, how we collect it, and what we do with it. Our Privacy Policy applies to you and is available on our website and through other channels. In all your dealings with us you must ensure that others you represent are aware of the content of our Privacy Policy and consent to your acting on their behalf.

INFORMATION ABOUT YOU

Your Information This refers to a combination of information such as your name, contact details, travel preferences and special needs/disabilities/dietary requirements that you supply us or is supplied to us, including your social preferences, interests, activities and any information about other persons you represent (such as those on your booking). Your information is collected when you request information from us, contact us (and vice versa), make a booking, use out website(s)/apps, link to or from our website(s)/apps, connect with us via social media and any other engagement we or our business partners have with you. We will update your information whenever we can to keep it current, accurate and complete.

Our Use of Your Information
(1) For the purpose of providing you with our services, including your flight, holiday, security, incident/accident management or insurance, etc., we may disclose and process your information outside the UK/EEA. In order for you to travel abroad, it may be mandatory (as required by government authorities at the point(s) of departure and/or destination) to disclose and process your information for immigration, border control, security and anti-terrorism purposes, or any other purposes which they determine appropriate. Some countries will only permit travel if you provide your advance passenger data (for example Caricom API and US secure flight data). These requirements may differ depending on your destination and you are advised to check. Even if not mandatory, we may exercise our discretion to assist where appropriate.
(2) We may collect and process your information for the purposes set out in our registration with the Office of the Information Commissioner, and disclose the same to our group companies for business purposes and also to companies and our service providers who act as “data processors” on our behalf, or to credit and fraud agencies (some of whom are located outside the UK/EEA). These purposes include administration, service quality and improvement-related activities, customer care, service quality, product innovation and choice, business management, operation and efficiencies, re-organisation/structuring/sale of our business (or group companies), risk assessment/management, security, fraud and crime prevention/detection, monitoring, research and analysis, social media, reviews, advertising and marketing, loyalty programmes, profiling customer purchasing preferences, activities and trends, dispute resolution/litigation, credit checking and debt collection.
(3) Information (such as health or religion) may be considered “sensitive personal data” under the Data Protection Act 1998. We collect it to provide you with our services, cater to your needs or act in your interest, and we are only prepared to accept sensitive personal data on the condition that we have your positive consent. By booking with us you also agree for your insurers, their agents and medical staff to exchange relevant information and sensitive personal data with us in circumstances where we/they need to act on your behalf or in the interest of passengers or in an emergency.
If you do not agree to Our Use of Your Information above, we cannot engage/do business with you or accept your booking.
 

Marketing Material
(1)Using your information, we may from time to time contact you with or make available to you (directly or indirectly) information on offers of goods and services, brochures, new products, forthcoming events or competitions from our holiday divisions and our group companies. We will tailor the information you receive or see; this will enable us to make available to you more personalised and relevant communications. We may use innovative technologies and work with business partners to achieve this.
(2) We will assume you agree to e-communications when you make an e-booking or provide us with your email in other situations such as in-store, competitions, promotions, prize draws and social media.

(3) You may indicate your preference regarding receiving third party marketing material and contact. If you agree, you will establish new relationships with these third parties and deal with them directly.
(4) If do not wish to receive such information or would like to change your preference, please refer to point (2) of “Your Rights” below.

Your Rights
(1) On completing our Data Subject Access Request form, you are entitled to a copy of the information we hold about you (for a £10 fee) and to correct any inaccuracies.
(2) You have the right to ask in writing not to receive direct marketing material from us. If available, you can amend your previous preference on our website(s), use our “unsubscribe email”, opt-out of personalised emails or refer to our literature containing instructions. Once properly notified by you, we will take steps to stop using your information in this way.
(3) For a list of relevant brands, please send us your request.
Please write to Thomson Sport (UK) Limited, Legal Department, TUI Travel House, Crawley Business Quarter, Fleming Way, Crawley, West Sussex RH10 9QL.

Foreign Controls
Outside the European Economic Area (EEA), data protection controls may not be as strong as the legal requirements in this country.

USE OF TOOLS/"COOKIES" AND LINKS TO OTHER WEBSITES
If our contact and dealing with you is via our website(s) or other e-platforms where our advertising is displayed, cookies may be used. To find out more about the types of cookies on our website(s), how we use cookies, to disable them or to change your preference and more, please refer to the information provided on our website(s). Other e-platforms may have different options and instructions. By using our website(s), you consent to our use of cookies.
Our website(s) may contain links to third party websites or micro-sites not controlled or owned by us. For example, reference sites or ancillary products and services sites or websites owned by our sister companies. It is your responsibility to check the status of these sites before using them. Please read their applicable terms and conditions, etc. carefully.

MONITORING
To ensure that we carry out your instructions accurately, improve our service and for security and fraud, we may review, monitor and/or record: (1) telephone calls; (2) activities using CCTV in and around our premises; (3) transactions and activities at all points of contact; and (4) web, social media and app traffic, activities, etc. All recordings and derivative materials are and shall remain our sole property.

SECURITY STATEMENT
We have taken all reasonable steps and have in place appropriate security measures to protect your information.

CHANGES TO THIS POLICY
Any changes to this Policy will be either posted on our website, brochure and/or made available on request.

DATA NOTICES
-Customer Data: To provide your holiday and ensure that it runs smoothly, we (and your travel agent, if you use one) need to use information such as your name and address, special needs, dietary requirements, etc. Please be informed that we must pass it to suppliers of your travel arrangements, including airlines, hotels and transport companies; we may also supply it to security or credit checking companies, and to public authorities such as customs and immigration. When you make this booking, you consent to this information being passed to the relevant people. Information held by your travel agent is subject to that company’s own data protection policy.

Any likeness or image of you secured or taken on any of our holidays may be used by the Company without charge in all media (whether now existing or in the future invented) for bona fide promotional or marketing purposes, including without limitation promotional materials of any kind, such as brochures, slides, video shows and the internet.

12. Authority & Behaviour.
Whilst on our holidays it is necessary that you abide by the authority of our staff and Company representatives. If you commit any illegal act when on the holiday or if in our reasonable opinion or the reasonable opinion of our staff, Company representatives or another person in authority your behaviour is disruptive, threatening or abusive, causes unnecessary inconvenience or is causing or likely to cause damage to property, danger, distress or upset, disturbance or annoyance to others or puts any other traveller or our staff or agents in the UK or resort in any risk or danger, on the telephone, in writing or in person, we may terminate your travel arrangements without any liability on our part.

If the Captain of your flight or ferry or any of our overseas staff or agents believes that you could be disruptive or that you are suffering from a contagious disease, they can also refuse to let you proceed with your travel arrangements, restrict your movements on board, disembark you from the ferry or aircraft, or remove you from your accommodation or excursion. If this means you are not allowed to board the flight outbound from the UK, we will treat your booking as cancelled by you from that moment, and you will have to pay full cancellation charges. If this occurs overseas then you will become responsible for your own return home and any other members of your group who cannot or will not travel without you. In any of these circumstances no refunds or compensation will be paid to you and we will not be liable for any costs or expenses you incur.

If you are refused carriage because of your behaviour, or you are under the influence of alcohol or drugs, your airline may pass on your details and date of refusal of carriage to other airlines for their information. This in turn may make it difficult for you to book other airline tickets. In any of these circumstances, no refunds or compensation will be paid to you and we may make a claim against you for any damages, costs and expenses (including legal expenses) incurred as a result of your behaviour including but not limited to (i) repairing or replacing property lost, damaged or destroyed by you, (ii) compensating any passenger, crew, staff or agent affected by your actions and (iii) diverting the aircraft or ferry to remove you. Criminal proceedings may also be instigated. If you are affected by any condition, medical or otherwise, that might affect your or other people’s enjoyment of the holiday, you must advise us of this at the time of booking.

For the purpose of this section, reference to “you” or “your” includes any person in your party.

13. Your Accommodation.
Any accommodation we arrange for you must only be used by those people named on your Confirmation Invoice (or on latest Amendment Invoice issued). You are not allowed to share the accommodation or let anyone else stay there. You are responsible for the cost of any damage caused to your accommodation or its contents during your stay. These charges must be met by you and may have to be paid locally.

14. Trip Notes.
If we issue detailed trip notes for your booking these trip notes and all the information contained therein will be deemed to be part of the contract.  Trip notes available from our website or by post from Thomson Sport (UK) Limited, TUI Sport London Office, 4th Floor Tuition House, 27-37 St George’s Road, Wimbledon, SW19 4EU, contain up-to-date definitive information about the itinerary and travel arrangements. Should there be a discrepancy between the information in the brochure or website and the trip notes, the information in the trip notes supersedes that in the brochure or on the website and will be considered the most up-to-date and accurate.

15. Special Requests.
We will consider special requests, such as vegetarian meals, high or low floor preferences in the accommodation, when you book. We will tell you whether there is a charge for the request. We can only guarantee requests for which there is a charge, or those that are confirmed in writing.

16. Participation Requirements.
All clients are expected to satisfy themselves prior to booking that they are fit and able to complete the itinerary of their chosen holiday as described in this brochure. No unaccompanied minors (those under 18 years of age) can be accepted however (a) minors aged between 0 -17 years may accompany their parents on holidays designated as family holidays and (b) older teenagers may be allowed to join group holidays provided they are accompanied by a parent or guardian who accepts full responsibility for them. Please note that in accordance with Air Navigation Orders in order to qualify for infant status, a child must be less than 2 years of age at the date of its return flight.

Anyone suffering from mobility impairment, illness or disability or undergoing treatment for any physical or medical condition must declare the true nature of such condition at the time of booking and make arrangements for the provision of any medication or other treatment which may be required during the holiday. Failure to make such disclosure will constitute a breach of these booking conditions and result in such persons being excluded from the holiday in which case all monies paid will be forfeit.

Under European law, if you are disabled or have difficulty moving around, you can receive assistance when you fly. This free service is available to anyone with mobility problems, for example, because of their disability, age or a temporary injury. To take full advantage of the service you need to pre-book 48 hours in advance of your flight. You can book assistance and find out more via our website: www.thomsonsprt.com or by calling 0845 121 2018.

17. Law & Jurisdiction.
If you booked your holiday in any jurisdiction other than in Scotland or Northern Ireland (including any booking via the internet), this contract, and any other claim or dispute arising from or related to this contract, will be governed by English law and the courts of England and Wales shall have exclusive jurisdiction over any claim arising out of it. If you booked your holiday in Scotland, this contract, and any claim or dispute arising from or related to this contract, will be governed by Scottish law and the courts of Scotland shall have exclusive jurisdiction over any claim arising out of it. If you booked your holiday in Northern Ireland, this contract, and any claim or dispute arising from or related to this contract, will be governed by Northern Irish law and the courts of Northern Ireland shall have exclusive jurisdiction over any claim arising out of it.

Appendix 1 – englandfans Code of Conduct:

Rules and Code of Conduct The Rules, which incorporate the code of conduct, will govern the relationship between you (“the member”) and The Football Association Limited (“The FA”).

CODE OF CONDUCT – “ENGLAND RESPECTS”

1. Members should act as ambassadors for the England team, and act in such a way that will enhance the image of English supporters and the national side.

2. Members must abide by the highest standards of behaviour, and reject any action involving violence, intimidation, provocation or abuse; use of language that is offensive, racist, homophobic or discriminatory in any other way; or behaviour contrary to standards of decency and respect towards the people, cultures, laws and property of host countries.

3. English football is valued around the world for its standards of passion and fair play. Members will enhance this reputation by showing respect for the game, the opposition players and fans.

Section 1 – Membership details, application, fees and privacy

1.1 The membership period will start on 2nd July 2012 and last until 13th July 2014. A member shall be entitled to the benefits of membership as published in the Rules, the englandfans newsletter, on the englandfans website or otherwise communicated to members. A member may resign from membership by notifying The FA in writing at any time.

1.2 A one-off membership fee shall be payable by an applicant. Membership fees for the relevant membership period shall be as published by The FA from time to time and are inclusive of VAT.
•  Junior membership is available to applicants aged 15 years or under on 2nd July 2012.
•  Offline memberships are available for an additional fee to cover reasonable administration charges.
•  Subject to paragraph 5.1 below, membership fees are not refundable.

1.3 Applications for membership of englandfans must be made on the official application form or via the official englandfans website. The FA shall determine in its absolute discretion whether or not to approve any such application.

1.4 Membership is not transferable to another person, and no more than 1 membership per person shall be permitted.

1.5 The FA takes your privacy seriously. Members’ personal data will be processed in accordance with the englandfans membership conditions from time to time and The FA’s Privacy Policy available at www.TheFA.com/privacy.

Section 2 – Conditions of Membership

These conditions apply to all members of englandfans, The Official England Supporters Club.

2.1 A member of the englandfans club must at all times be in possession of a full (10 year) passport.

2.2 All members may apply to purchase one ticket for their personal use only for home International matches in which the England Senior Men’s team is participating during the members’ priority sale. If you want to go to games with friends and family you can apply to book tickets for up to eight (8) people – but they must all be members of englandfans. The issue of a ticket is subject to availability of tickets to The FA. Tickets shall be issued at the sole discretion of The FA, which reserves the right not to issue or to withdraw or cancel a ticket. Any tickets remaining after the members’ priority sale will be made available via a general sale at The FA’s discretion. The relevant ticket discount applied is only available during the members’ sale period and is not valid following the expiry of such period.

2.3 All englandfans club members may apply to purchase one ticket for their personal use only for away International Matches and matches in Tournaments in which the England Senior Men’s team is participating. Tickets will be allocated in line with the englandfans loyalty system as stated in Section 3. The issue of a ticket is subject to availability of tickets to The FA. Tickets shall be issued at the sole discretion of The FA, which reserves the right not to issue or to withdraw or cancel a ticket. The FA reserves the right to refuse an allocation of tickets from a national association for any reason including, without limitation, on grounds of safety and security.

2.4 A member will be required to submit credit or debit card details when applying to purchase or purchasing tickets. A member shall be notified as to the possible purchase prices of tickets which may be debited from their account. Where a member fails to comply with any such requirements a ticket shall not be issued and a handling charge may be incurred. The FA reserves the right to charge reasonable administration or delivery fees in addition to the ticket price and such fees shall be as notified to members from time to time.

2.5 A member shall be issued with a membership card that must be shown to The FA, or any person acting on its authority, upon request. When attending a match, a member must produce on request the membership card and match ticket when entering a stadium. The membership card shall remain the property of The FA and must be returned to The FA on demand. The membership card shall be returned in the event of membership being terminated for any reason or a member resigning his membership of englandfans. A membership card must not in any way be tampered with or copied, and must not be used in any way other than as denoting membership of englandfans.

2.6 A member shall observe any rules, regulations or other arrangements made by or with an accredited Travel Agent with whom the member is travelling to or from a match. A member of the englandfans club must either sign-in at the englandfans office at the host city on match day or supply proof of travel (e.g. original travel tickets or original hotel invoices, etc) within 21 days of the relevant match taking place. Failure to supply such information will lead to no Caps being awarded for the match, may lead to caps level being reset to zero and potential suspension or expulsion from englandfans.

2.7 A member must behave in a responsible manner at all times when attending or travelling to and from a match. A member should not act in any way that can be considered violent, indecent, insulting, abusive or offensive.

2.8 A member shall not wear clothing that The FA in its absolute discretion considers to be inappropriate.

2.9 A junior member under the age of 16 will only be allocated a ticket for a match if he or she is to be accompanied by a member aged 16 or over. The name of the adult member must be given when application is made for a ticket. A junior member under the age of 16 shall not attend a match unaccompanied.

2.10 A member found to have supplied false or misleading information in the application for membership, or in other dealings with The FA shall, at the discretion of The FA, be expelled from membership forthwith for a period to be determined by The FA with no membership fee refund – for members of the englandfans club this shall include failing to declare any caution, conviction or fixed penalty notice which the individual may have.

2.11 Where a member is considered to have breached the Rules or otherwise acted in such a way as to bring englandfans or the England team into disrepute, or failed to comply with any requirement of englandfans (including in relation to payment of fees and tickets), The FA shall have absolute discretion to take such action as it may deem appropriate in the circumstances. Such action may include without limitation (i) the termination or suspension of membership, including a moratorium on obtaining future membership; and/or (ii) a ban on purchasing tickets for England International Matches for a period of time to be determined by The FA; and/or (iii) a ban on attending England International matches, whether in England or abroad, for a period of time to be determined by The FA.

2.12 Anyone who has been convicted, cautioned, bound over or received a Fixed Penalty Notice in relation to an offence of violence or public order or any football related offence anywhere in the world, within 3 years of the date of application will receive an automatic suspension of membership, subject to appeal to the “Independent Appeal Body” (“IAB”). Any offences committed more than 3 years prior to application will be considered by the FA and may lead to suspension subject to appeal. Relevant offences under the law applicable in England and Wales are any offence which relates to violence or public order or football related matters and shall include (without limitation) the following: Murder; threat or conspiracy to murder; manslaughter; any offence of wounding, including, inflicting grievous bodily harm; any offence of assault including occasioning actual bodily harm; riot; violent disorder; causing an affray; unlawful possession of an offensive weapon or firearm or other firearms offences; burglary; robbery; breach of the conditions of an injunction against harassment; putting a person in fear of violence; specific offences connected with a football match such as racist chanting, entering the field of play without authority, throwing objects and an offence of ticket touting (s166 Criminal Justice and Public Order Act 1994 (as amended)); breach of restraining order or Anti-Social Behaviour Order; any racially aggravated offence of wounding or inflicting grievous bodily harm, actual bodily harm, common assault, intentional harassment, alarm or distress, putting people in fear of violence; arson; criminal damage; endangering life (excluding arson); kidnapping; hijacking; false imprisonment; any Public Order offence, including drunkenness, threatening or insulting words or behaviour, racist behaviour, criminal damage or any offence under the Sexual Offences Act 2003 or the Protection of Children Act 1978, or possession of a Class A drug.

2.13 Any offence of attempting, conspiring, inciting, aiding, abetting, causing or permitting any of the relevant offence (as set out in Rule 2.12 above) shall be classified for these purposes as the offence itself. An equivalent or similar offence under the law of another jurisdiction shall be an offence of violence or public order for the purposes of the Rule.

2.14 Any member who is convicted, cautioned, bound over or receives a Fixed Penalty Notice in relation to an offence of violence or public order or any football related offence anywhere in the world whilst a member of the englandfans club must immediately notify The FA in writing of such occurrence providing full details.

2.15 Anyone who has been (i) convicted, cautioned by the police, bound over or received a Fixed Penalty Notice in relation to ANY offence of violence or any public order offence anywhere in the world more than three years prior to the date of their application; (ii) banned by a football club in the UK; or (iii) deported by any country for matters connected with or at the time of a football match shall have their application considered by the “Independent Appeal Body” (“IAB”) on the basis of any information submitted at the time of application.

2.16 The FA may at any time, present any facts or circumstances to the IAB which it believes makes any person unsuitable for membership. Anyone considered unsuitable for membership following consideration of the matter by the IAB shall have their application rejected or membership terminated on such terms as considered appropriate. In dealing with any matter relating to any offence longer than 3 years before the date of application, the IAB shall take account of principles that are relevant to the rehabilitation of offenders, for instance under the relevant legislation.

2.17 Any person who wishes to appeal against a decision under the provisions relating to conviction for offences of violence or public order (for instance for inaccurate police information) shall be entitled to appeal to the IAB. The IAB shall consist of a representative of The FA (acting as chair) and two independent appointed persons. The IAB shall adopt such procedures as are considered necessary to determine the matter. Appeals to the IAB must be in writing within seven days of receiving notification of suspension from membership and should contain an explanation of the offence, any mitigation and if possible, character witness statements. Appeals against suspension for offences committed in the 3 years prior to application will only be allowed if it concerns a minor and isolated offence and there is considerable mitigation. Membership may be suspended pending a decision of The IAB. The IAB decision shall be final.

2.18 In considering the suitability of a person for membership, it shall be relevant to consider these Rules, the Code of Conduct and the following englandfans objectives:
 (i) to promote the best interests of English football; and
 (ii) to promote positively the reputation of supporters of the England team as being people of good character and “ambassadors” of the English game.

Section 3 – Ticket Allocation Procedures

3.1 Home Matches All members will have a priority period to purchase tickets for home matches. Tickets will be sold on a first come first served basis, through the publicised channels, subject to a maximum of one ticket per member. Any tickets unsold will be sold via a public sale. Tickets are non-transferrable and are subject to the relevant conditions of issue of The FA or the relevant national association.

3.2 Away Matches, excluding Tournament Matches
•  Members are eligible to apply for one ticket per club membership.
•  70% of the ticket allocation for each away game will be offered to the members with the highest number of Caps.
•  The number of Caps you will require to qualify for the top 70% of ticket allocation will depend on: (i) the number of englandfans club members there are at the relevant time who have applied for a specified match; and (ii) the size of The FA’s allocation for that game.
•  If there are more members in the top 70% than there are tickets, The FA will allocate them as fairly as possible, with a draw for the members on the same amount of Caps that are on the fringe of the 70% allocation. Members that are unsuccessful in this draw will go into the final ballot for the remaining 30% of tickets with all other members. Should a mini ballot be required within a certain caps level, then the members who are unsuccessful in this mini-ballot will be given priority for any returned tickets.
•  Members that qualify for the first 70% ticket allocation or those who are allocated a ticket within the 30% ballot will be given a set period to phone the dedicated phone line or go online and buy their ticket. Only these members will be able to buy tickets in this way.
•  Any tickets that remain after this sale will be offered on a first come first served basis to all other members of the englandfans club.
•  The FA reserves the right to set aside a number of tickets for the use of The FA Football Family, Club Wembley and the official englandfans travel provider.
•  Any allocated tickets for away matches are subject to security checks.

3.3 Caps
•  Members of the englandfans club can claim caps for attending England home matches and England away games.
•  Caps can only be claimed for tickets purchased through englandfans or The FA.
•  Caps may not be claimed for matches that have taken place more than 21 days ago.
•  One cap is allocated for every home game attended. Two caps are allocated for every away game attended . To avoid abuse of this system for away games a sample of members will be selected prior to every fixture and requested to collect their ticket(s) from the venue.
•  Caps for England away matches are only awarded if the member of the englandfans club has signed in with englandfans staff on match day at the host venue or can provide adequate proof of travel to the game. Proof of travel needs to be submitted within 21 days of the game taking place and should include at least one original item with the member’s name printed on e.g. Boarding card/hotel invoice. Failure to provide adequate Proof of Travel can result in Caps levels being reset to zero and possible further action.
•  Caps for home games will be updated automatically after the game has taken place for members who purchase their ticket in the members priority sale period and have attended the game or used their FAN number to buy a ticket in the general sale and attended the game. Members who purchase their ticket without using their FAN in the general public sale will have 21 days from the date of the game to claim their cap. Caps can be claimed by submitting a request in writing to englandfans which should include the ticket stub for the relevant game.
•  Caps for home or away games will not be updated once the relevant deadline dates have passed.
•  No Caps are allocated for any European or World Cup tournament games.
•  One Cap is awarded to any member that renews their membership from the 2010-2012 campaign by midday, Tuesday 29 May 2012.
•  Caps will be valid for a total of two successive membership periods.

3.4 A member wishing to return a ticket to away matches which has been purchased from The FA under the Rules may apply to The FA for a refund, but must return the match ticket so as to be received at The FA at least fourteen (14) days before an away match with an application for a refund. Each application for a refund will be dealt with at the discretion of The FA. An administration charge of £3.00 per ticket will be deducted from any refund. All refunds for home matches will be handled in accordance with The FA’s Ticket Refund Policy.

3.5 2014 FIFA World Cup Brazil Ticket Allocation
•  The FA will only receive an allocation of tickets for sale to members of the englandfans club if England qualify for the tournament finals.

•  The allocation of tickets received by The FA will be distributed to members of the englandfans club, The FA Football Family, Club Wembley and the official englandfans travel provider.
•  Only members of the englandfans club are eligible to apply for tickets from the members club allocation.
•  Ticket allocations for each game that England could possibly take part in will be dealt with on an individual basis and will be allocated in the following way, provided 2014 FIFA World Cup ticketing regulations are not contravened:
 - 70% of the ticket allocation for each away game will be offered to the members with the highest number of Caps. The number of Caps members will require to qualify for the top 70% of ticket allocation will depend on:
 (i) the number of englandfans club members there are at the relevant time who have applied for a specified match; and
 (ii) the size of The FA’s allocation for that game.
 - If there are more members in the top 70% than there are tickets, The FA will allocate them as fairly as possible, with a draw for the members on the same amount of Caps that are on the fringe of the 70% allocation. Members who are unsuccessful in this draw will go into the two ballots for the remaining tickets.
 - 20% will be balloted to members who have missed out on the 70% allocation. However, the members eligible for this ballot will be limited to those who have attended at least one away game and four home games in the qualification period.
 - 10% will be balloted to all members who missed out in the 70% allocation and the 20% ballot.
 - In the event of the englandfans ticket allocation being over subscribed, no tickets will be allocated to members who have not attended a single match (home or away) in the 2012-2014 scheme.
 - Tickets are non-transferable and non-refundable.

3.6 The FA aims to allocate tickets for major tournaments in the fairest possible way and as per membership rules stated. However this is subject to the agreement of UEFA and The FA reserves the right to amend the ticket allocation procedures for the 2014 FIFA World Cup tournament if necessary.

Section 4 – General

4.1 The FA reserves the right to amend the Rules or the ticket allocation procedure at any time by publishing the amendments on the englandfans website.

4.2 Nothing in these terms and conditions shall constitute or imply any guarantee of entitlement to a ticket, seat or access to any England fixture.

Section 5 – Security checks

5.1 All applicants to the englandfans club membership agree to checks being made with the police and other relevant authorities anywhere in the world in relation to the questions above and, by completing and submitting an application form for englandfans club membership agree that details of their criminal record may be disclosed to The FA. If an applicant informs The FA of any relevant offence, fixed penalty notice or police caution and is subsequently excluded the applicant will receive a full refund of the relevant fee.

5.2 If the applicant fails to inform The FA of any relevant offence, fixed penalty notice or police caution which is disclosed to The FA as a result of a police check, there will be no refund as additional administration costs are incurred by The FA in conducting such checks. The IAB may also take any such failure to declare into account when making their decision.

5.3 If an application is rejected on the basis of information disclosed as a result of the police check the applicant can obtain a copy of the information provided by the police and, if the applicant believes it to be inaccurate, the applicant can appeal (please see Rule 2.17 for details).

5.4 The information contained in any englandfans application and the information from enquiries made by The FA will be considered and may be disclosed to the police or relevant authorities. The applicant does have a right to access information held on their record and other rights in accordance with Data Protection legislation and The FA’s Privacy Policy which is available at www.thefa.com/privacy.

5.5 If the applicant makes any false or misleading statements in this application, englandfans membership will be refused or revoked immediately.

5.6 The applicant and current englandfans members must advise The FA of any changes in this information as soon as possible, including details of any new convictions or cautions incurred.

5.7 The FA may check a members’ police records at any time during their membership of the englandfans club and, if it is subsequently established that the applicant has committed a relevant offence which the applicant has not disclosed to The FA of, then the member may be excluded from englandfans membership.