RAINOUT INSURANCE. Rainout Insurance ("ROI") is available for an additional cost, as specified on the Order Form, to eligible purchasers of group ticket sales to individual Cubs games ("Group Inventory"). Eligible group ticket purchasers (each, a "Purchaser") may purchase ROI up to twenty-one (21) days prior to the original game date (the "Due Date"). ROI applies only to weather-related postponements of games by Cubs or Major League Baseball, as the case may be, occurring either during the 48 hour period preceding the scheduled start time of the game or anytime during the date of the scheduled game (a "Rainout"). Notwithstanding the foregoing, a Rainout does not include, and ROI does not apply to, weather-related suspension of a game already in progress that Major League Baseball considers an "official" game according to Major League Baseball Rules (and which is therefore not rescheduled).
Cubs' receipt of Purchaser's payment for ROI entitles Purchaser to elect to receive a refund (the "Rainout Refund") of the applicable prepaid group ticket fees, amusement tax and other fees (minus ROI) (the "Event Fees") in the event of a weather-related postponement, cancellation or rescheduling of a scheduled game by Cubs or Major League Baseball, as the case may be. Notwithstanding anything herein, the Rainout Refund excludes: (i) the cost of the ROI; (ii) amounts paid directly to Cubs' designated third party concessionaire; or (iii) cost of food/beverage actually delivered Purchaser (whether or not consumed), as well as any taxes applicable to (i), (ii) or (iii).
In order to receive a Rainout Refund, Purchaser must: (i) select ROI on the Group Ticket Order Form and pay the applicable total fees (including Event Fees and the applicable ROI fee) by the Due Date; (ii) notify Cubs' designated Group Sales contact, listed on the Order Form, in writing/email, of Purchaser's ROI election within the 24 hour period after the Rainout for which ROI has been purchased; and (iii) return to the Wrigley Field Box Office (in person or via mail) all tickets associated with the Rainout at least 24 hours prior to any rescheduled game. Provided Purchaser has fulfilled all conditions in the previous sentence, Purchaser will receive a Rainout Refund as provided above, within 45 days of Cubs' receipt of all outstanding Group Inventory tickets for the date of the Rainout. In addition, upon Cubs' receipt of written notice from Purchaser as provided above, Purchaser forfeits any right to use the Group Inventory for any rescheduled game, and Cubs may attempt (but is not obligated to) to re-sell to any third party the Group Inventory or any part thereof for any rescheduled game. Rainout Refunds shall be paid, at Cubs' option, either via check to the address provided herein or, if paid by credit card, via refund to the credit card used to pay the Event Fees.
If Purchaser does not notify Cubs of its election to receive a refund as described above, the terms and conditions of both the Group Inventory tickets for the game that has been postponed and the ROI purchased in connection with the Rainout shall automatically be transferred to the rescheduled game on the date and time rescheduled by Major League Baseball, if any. Notwithstanding the foregoing, if for any reason the Rainout is not rescheduled by Cubs or Major League Baseball, as the case may be, Purchaser's sole and exclusive remedy shall be as provided in the terms and conditions of the Group Inventory tickets for the game that has been cancelled.