Blues Terms & Conditions
The Blues Limited Partnership (“Blues”, “we”, “us” or “our”) provides ticketing services including the sale and distribution of tickets (“Tickets”) and memberships (“Memberships”) for Blues Rugby home games held at Eden Park, Auckland or other locations in the Auckland and Northland Region (“Event(s)”).
Please read these Terms and Conditions carefully before purchasing a ticket or membership. By purchasing a ticket or membership, you agree to be bound by these Terms and Conditions.
You should carefully consider the refund and cancellation policies of travel, accommodation and other goods or service providers when making arrangements for attendance at an Event. You may also wish to consider taking out a relevant insurance policy to cover any losses in the event of cancellation, rescheduling or relocation.
These Terms and Conditions relate both to the sale of Tickets and Memberships and attendance at Events. These Terms and Conditions apply to: (a) both the original purchaser of Tickets and each holder of a Ticket; and (b) each individual holding a Membership or applying to hold a Membership (“you” or “your”).
Nothing in these Terms and Conditions is intended to limit your rights under the Consumer Guarantees Act 1993.
We may vary these Terms and Conditions by putting the varied terms on our website. In this respect: (a) Tickets ordered after the date of the publication of the varied terms ; and/or (b) Memberships and Membership applications, will be subject to the variation and the placing of the order shall be deemed to be an acceptance of such varied Terms and Conditions.
1. CURRENCY
1.1 All Ticket prices for Events that occur in New Zealand are stated in New Zealand Dollars.
2. WHO YOU ARE BUYING FROM:
2.1 After purchasing a Ticket for an Event, the Blues will be handling the transaction and collecting payment using Flicket Limited’s software. You acknowledge that the Blues are not liable to you for any failure to purchase a ticket via the Blues website.
3. SUPPLY OF TICKETS
3.1 Order Confirmation for online purchases of Tickets: Ticket purchases are not complete or accepted by the Blues until payment has been received by the Blues and a order number has been issued.
3.2 When purchasing Tickets for an Event, you may be limited to a specified number of Tickets. If you exceed the stated Ticket limit, you may have any or all of your orders and Tickets cancelled without notice by the Blues at its discretion. This includes orders associated with the same name, email address, billing address, credit card number or other information. Ticket limits apply to ensure fair access to Tickets for fans, and as a measure to minimise ticket scalping.
3.3 Errors: While the Blues take all reasonable care to ensure that Tickets are correctly priced and only available for sale when intended, sometimes errors may occur. The Blues may cancel an order as a result of any such error, although in the case of a pricing error, the Blues will endeavour to contact you to give you the option of purchasing the Ticket at the correct price.
4. COVID-19 SPECIFIC CONDITIONS OF ENTRY
4.1 You must comply with any applicable Covid-19 requirements under the NZ Government’s Covid-19 Protection Framework as directed by the Ministry of Health and as applicable by the Blues and the Owner (as defined in clause 5.4 below) that may apply at the time of the Event.
5. ENTRY TO EVENT AND TICKETS GENERALLY
5.1 Tickets remain the property of the Blues at all times. Tickets may not be on-sold, offered for resale at a premium (including via on-line auction or other authorised resale sites), exchanged for fee or reward or other valuable consideration, or otherwise used for commercial purposes (including for advertising and promotional purposes such as prizes, contest, or sweepstakes) without the prior written consent of the Blues. In granting such consent, the Blues may require additional conditions to any Tickets as it sees fit (including charging an additional fee). The bearer of the Ticket may be refused entry or directed to leave the Event if a Ticket has been dealt with in breach of this clause.
5.2 If you buy, or claim to buy a Ticket for business purposes, the Consumer Guarantees Act 1993 will not apply. This does not change the rest of these Terms and Conditions which remain valid.
5.3 Entry into an Event may be refused if the authenticity or validity of the Ticket is questionable, including because the Ticket has been damaged or defaced in any way, or has not been purchased from the Blues or other authorised points of sale.
5.4 Admission to an Event is subject to Eden Park owner’s (“Owner”) terms of entry which can be found . In particular, the following form part of the Owner’s terms unless otherwise specified:
(a) you may be denied entry into, or removed from, an Event where the Owner has reasonable grounds to do so, including if you breach these Terms and Conditions or the Owner’s terms, or you are intoxicated, under the influence of illicit drugs, inappropriately attired or adversely affecting the enjoyment of the Event by others;
(b) you may be required to submit to a search of your person and/or possessions before entering the Event.
5.5. You acknowledge and agree that any photographic images and video footage taken by the Blues or their approved agents at the Event are property of the Blues and may be used for them on their channels.
6. BLUES CLUB MEMBERSHIPS
6.1 The specific terms and conditions in connection with Memberships are set out at the Schedule of these Terms and Conditions, which for the avoidance of doubt form part of these Terms and Conditions.
7. CANCELLED OR POSTPONED EVENTS
7.1 Except as set out in clause 7.2 and 7.3, the Blues will not refund payments made by you for Tickets under any circumstances, including:
(a) The non-appearance of a particular person, group, or personally such as a player, team, performer or band (whether advertised or not);
(b) Any variation to the on-field Event program;
(c) Any variation to the off-field Event program, services, and attractions such as the postponement or cancellation of any entertainment, amusements, or interactive displays.
(d) Any adverse weather conditions;
(e) If your personal circumstances change;
(f) Any other circumstances beyond the reasonable control of the Blues.
7.2 If the entire Event is cancelled and cannot be rescheduled; or an error is made and the reserved seat for your Ticket is unavailable. Then the Blues will:
(a) exchange the Ticket for a Ticket to the next Event; or
(b) subject to a refund request being received by the Blues from you (being the relevant Ticket holder), refund the Ticket price (less any applicable expenses such as credit card or ticket fee charges).
7.3 If no monetary consideration has been paid for a Ticket, no refund or other costs will be payable to the holder of such Ticket in the event of cancellation, postponement or change to the Event, or for any reason whatsoever.
7.4 Season Memberships: If clause 7.2 applies to a ticket and the ticket was purchased via a Blue’s Season Membership, then the ticket may be [exchanged] for entry to the next Event
8. PRIVACY
8.1 You acknowledge that we will collect, use, share and store Personal Information in accordance with our Privacy Policy available at https://blues.flicket.co.nz/privacy-policy and the Privacy Laws.
8.2 You acknowledge and agree you consent to the collection, use, disclosure, storage and processing of your Personal Information in accordance with these Terms and Conditions and our Privacy Policy.
8.3 If you are providing us with Personal Information about another person, then you warrant and represent that you have obtained all consents and approvals necessary at law from the relevant individual to enable us to collect, use, disclose, hold and process that information in accordance with these Terms and Conditions and our Privacy Policy.
8.4 With respect to Personal Information, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the Personal Information that we collect. We will also take reasonable steps to ensure that our third parties whom we disclose your personal information to also take reasonable steps to protect your personal information in accordance with our Privacy Policy and the applicable privacy laws.
9. INTELLECTUAL PROPERTY RIGHTS
9.1 Each party will retain ownership of its own Intellectual Property Rights existing at the time these Terms and Conditions are entered into.
9.2 You acknowledge and agree that all Intellectual Property Rights created or devised by us in connection with the provision of the Tickets and the Event, shall be owned by and shall vest in us, as and when created. To the extent that you become the owner of any Intellectual Property Rights arising in connection with the Tickets, the Event and/or our services, you hereby assign and transfer absolutely, and shall procure the assignment of, all rights, title and interest in and to the Intellectual Property to us.
9.3 You shall have no right to use, sell, reproduce, copy, distribute or otherwise dispose of our Intellectual Property Rights, and you must not allow any third party to reproduce our Intellectual Property Rights.
10. LIABILITY AND WARRANTIES
10.1 We will not be in breach of any of our obligations to you under these Terms and Conditions because of any failure on our part directly or indirectly due to a cause beyond our reasonable control, including a Force Majeure Event.
10.2 To the extent permitted by law, in no event shall the Blues be liable to you under or in connection with these Terms and Conditions and/or the supply of the Tickets (whether in contract, tort or otherwise) for consequential losses or damages, indirect loss or any economic loss or loss or profits.
10.3 To the fullest extent permitted by law, the Blues will not be liable for any loss or damage (including indirect or consequential loss or damage) suffered as a result of, or arising from, or in any way connected to the cancellation, postponement or change to the Event (or any part of the Event).
10.4 The Blues provides no warranties (express or implied), including any implied warranties of merchantability and fitness for a particular purpose. However, nothing in these terms limits the Blues liability for any breach under the Consumer Guarantees Act 1993 or will limit your rights that cannot be limited under New Zealand legislation.
13. INDEMNITY
13.1 You agree to indemnify and hold the Blues and its affiliates harmless from any loss, liability, claim or demand, including reasonable solicitors fees, made by any third party due to or arising out of your breach of these Terms and Conditions.
14. GENERAL
14.1 The Blues make no representation or warranty of any kind in relation to the quality, content, or duration of any Event.
14.2 The Blues and other organisers of an Event reserve the right to add, withdraw, substitute any players, performers, or activities associated with the Event.
14.3 You are not guaranteed an uninterrupted and/or uninhibited view of the Event from the provided position.
14.4 You must not assign or transfer all or any part of your rights or obligations under these Terms and Conditions without our prior written consent. We may assign any rights or obligations without your approval as well as subcontract any obligations to third parties.
14.5 The illegality, invalidity or unenforceability of any provision of these Terms and Conditions will not affect the legality, validity or enforceability of another provision.
14.6 No waiver of any provision of these Terms and Conditions will serve as a waiver of any other provision of these Terms and Conditions and we will not have waived or be deemed to have waived any provision of these Terms and Conditions unless such waiver is in writing and executed by us.
14.7 Governing law: These Terms and Conditions are governed by the laws of New Zealand and the parties submit to the exclusive jurisdiction of the courts of New Zealand in respect of any dispute or proceeding arising out of these Terms.
14.8 Questions and complaints: Please contact us at info@blues.rugby if you have any comments, questions or complaints about the services we provide or these Terms.
15. DEFINITIONS
15.1 “Force Majeure Event” means any event or cause beyond the reasonable control of a party, including but not limited to, strike, industrial action, war, sabotage, terrorist activity, national emergency, blockade, pandemic, epidemic or governmental action, inaction or direction (excluding, for the avoidance of doubt, an action, inaction or direction by the Blues or you), and act of God.
15.2 “Including” means “including without limitation”.
15.3 “Intellectual Property Rights” means all intellectual property rights including patents, copyright, registered and unregistered designs, trade marks (both registered and unregistered), logos, business and trade names, processes, inventions, and know-how.
15.4 “Personal Information” means any information that can be used to directly or indirectly to identify an individual, and references to “your Personal Information” also includes any Personal Information that you provide to the Blues about someone else.
15.5 “Privacy Laws” means the Privacy Act 1993, Privacy Act 2020 and successor legislation.
SCHEDULE
Memberships
BLUES CLUB MEMBERSHIPS
1. Seat entitlement is personal to the Blues Club member or his/her nominee.
2. A Blues Club membership entitles one person only (being the Blues Club mobile membership/print-at-home passholder or his/her nominee) entry to Eden Park at any one time. The Blues Club mobile membership/print-at-home passholder or their nominee shall provide their Blues Club mobile membership/print-at-home pass or relevant ticket when asked by an Eden Park usher or security staff member.
3. Blues Club members are requested to advise Eden Park ushers or security staff of any unauthorised person(s) sitting in their allocated seat(s) for designated fixtures.
4. Right of admission to Eden Park is subject to regulations relating to the venue.
5. The Blues reserve the right to on-sell Blues Club members seats for additional fixtures (such as semi-finals/finals) in the event that the Blues Club member’s seat has not been ordered or paid for by the relevant Blues Club member by the deadline specified.
6. The Blues Club mobile membership/print-at-home passholder named on the Blues Club card/pass is responsible for the Blues Club membership pass at all times. It is the Blues Club mobile membership/print-at-home passholder’s responsibility to ensure that any other person using the pass, is aware of the responsibilities and limitations of the pass and complies with these terms and conditions where relevant.
7. A Blues Club All In membership is valid for the entirety of the Blues Season for the year purchased.
8. Allocation of seats is at the sole discretion of the Blues.
9. Blues Club members or their nominees must vacate Eden Park when requested to do so by staff working on behalf of the Eden Park Trust.
10. Blues Club mobile membership/passes remain the property of the Blues and the Blues Club mobile membership/print-at-home passholder is not permitted to sell their rights or the use of the pass to a third party. Blues Club cardholders must return their card to the Blues in the event that the card is cancelled or forfeited.
11. The Blues reserve the right to assign Blues Club mobile membership/print-at-home passholders with new seats to accommodate the on-going development of Eden Park and/or improve the in stadia experience.
12. There is a $1.50 levy per match applied by Eden Park on all adult Blues Club membership packages. This is a contribution towards the ongoing cost of infrastructure maintenance and replacement.
13. Breach or misuse of these Blues membership conditions will, at the discretion of the Blues, result in cancellation or forfeiture of the rights of Blues Club memberships. The Blues have the right to forfeit your Blues Club membership in the event of, but not limited to the following circumstances:
a. outstanding monies owed for the membership or other designated fixtures (e.g. semi-final/finals games)
b. the breach of any of the Eden Park bylaws, terms or regulations by the Blues Club member or his/her nominee. Bylaws notices are available on request and are displayed at entrances to Eden Park
c. any breach of these Blues membership conditions.
14. If a Blues Club mobile membership/print-at-home passholder wishes to cancel their membership, a written request must be submitted to membership@blues.rugby. If the Blues Club mobile membership/print-at-home passholder has attended one or more of the seasons matches prior to the request for cancellation, the Blues Club membership will not be cancelled or refunded.
15. Personal information is gathered and stored in accordance with the Privacy Act 2020 to identify the purchaser and keep the purchaser informed of upcoming events. Provision of such information is a condition of purchasing a membership. Members have the right to access and correct their personal information at any time by logging into their Blues Club Account.
16. Blues Club members agree that it is an essential condition of issuance of Blues Club mobile memberships/or match passes and the right of admission to the matches conferred on the member that passes will not be:
a. offered, provided, resold or transferred at a premium
b. used in relation to any commercial purposes (including any competitions, advertising, promotion or as a prize in any competition or sweepstake) or to enhance the demand for any other goods or services or as part of a hospitality or travel package, and/or
c. bundled with any other goods or services (including as part of any hospitality or travel package), without the Blues’ prior written consent.
17. Benefits and conditions of Blues Club memberships are subject to change and are at the discretion of the Blues.
18. Blues Club All In membership holders are permitted entry to the Blues Club Lounge at Eden Park. Entry to the Blues Club Lounge is subject to availability and cannot be guaranteed as it is subject to capacity restrictions by the venue. Access into this area is at the discretion of the Blues and the designated security personnel.
19. Exchanges or refunds are not available on memberships or additional products purchased.
20. Any Blues Club member who purchases either an All In or Mahi membership will be entitled to access or priority access to alternative venues held by the Blues.
21. As a Blues Club member, you will receive the right to purchase Home Final fixtures prior to tickets going on sale to general public. As part of the exclusive priority window, members will be given the opportunity to purchase their reserved seat from the regular season. If not purchased by the specified deadline, the reserved seat will be released for public sale.
22. By renewing over the phone or online, you are accepting the terms and conditions of a Blues Club membership.
BLUES CLUB MAHI MEMBERSHIPS
23. The Blues Club Mahi membership allows you to select the number of games you wish to purchase and then select which games you wish to attend.
24. You can select your desired games immediately following purchase confirmation or at any time up to 48 hours prior to match kick off.
25. Should you select a game and fail to attend for any reason, you are not eligible for any credit or refund.
26. Should you fail to select games throughout the season and have game credits remaining at the conclusion of the Super Rugby Pacific regular season of the year you have purchased, you are not eligible for any credits or refunds.
27. It is the Blues Club Mahi member’s responsibility to select the games they wish to attend by the deadline and manage the number of game credits remaining in their Blues Club Account so that all game credits are utilised by the end of the regular season of the year purchased.
28. Members purchasing a Mahi membership are entitled to 8 or 4 credits to redeem at Blues Rugby regular season home games at Eden Park as General Admission.
29. Members can use their pass in any configuration and are strictly subject to availability.
30. Passes cannot be redeemed if there are membership fees outstanding on the membership. Payments must be made in full prior to passes being available for redemption.
31. Mahi Membership is non-refundable.
32. Passes can only be redeemed by logging into your Blues Club Account.
33. Once members’ passes have been generated there cannot be any alteration or changes.
34. Members must have an up to date email address to redeem their pass.
BLUES CLUB MEMBERSHIP ROLLOVER PLAN TERMS & CONDITIONS
35. All members paying by credit card (VISA, Mastercard, AMEX) or debit credit card backed by VISA or Mastercard, regardless of type of membership package, payment method (upfront or instalments via Laybuy) or method used to join or renew, agree that as condition of purchase that their membership will be treated to the rollover plan, also referred to as ‘Auto-Renewal’. Memberships will be automatically rolled over and renewed from year to year on these terms and conditions as varied from time to time by the Blues Limited Partnership.
36. Membership will be automatically renewed into the same package(s) and seat(s) for subsequent seasons, at the updated and relevant price, using the same payment details as the previous season, unless:-
a. Otherwise advised by the member by the rollover date, and
b. The member follows the instructions in the rollover correspondence for discontinuing the rollover.
37. Prior to the rollover date, all primary account holders will receive rollover plan correspondence via email to the email address supplied by the member. From receipt of the rollover plan correspondence, members who do not wish to continue their membership have fourteen (14) days within which they can give notice to the Blues that they will not be continuing their membership ("the Opt-Out Period") by following the opt-out procedure outlined in the rollover correspondence. It is important for all members to check they have a current email address registered on their account to ensure this communication is received.
38. Prior to the rollover date, members must notify the Blues if they wish to opt-out by following the instructions provided in the rollover correspondence (strict deadlines apply).
Any concerns or comments in relation to any Blues membership should be addressed to:
The Membership Manager
The Blues Limited Partnership
PO Box 77012, Mt Albert, Auckland 1350
Email membership@blues.rugby