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on advance season tickets and on private suite reservations
relating to the 1998 major league baseball season.2
With regard to the private suite reservations, if the
partnership was admitted to membership in major league baseball
and if the Devil Rays did play major league baseball during the
1998 season, but if five or fewer of the Devil Rays’ games were
canceled, due, for example, to weather, the partnership would be
required to provide the holders of private suite reservations
with tickets to makeup games.
If six or more of the Devil Rays’ games were canceled during
the 1998 season, the partnership would be required to provide
holders of private suite reservations with appropriate credits
toward the purchase of private suite reservations for the
following season.
During 1995, the partnership adopted and followed a policy
of allowing refunds to customers, upon their request, of deposits
made for advance season tickets and for private suite
reservations relating to expected games of the Devil Rays to be
played in the 1998 major league baseball season. During 1995,
2 The conditional nature of the partnership’s right to retain
the deposits for advance season tickets and private suite
reservations was implicitly acknowledged by respondent in his
proposed findings of fact by stating conversely as follows:
[The partnership] was assured that, so long as it
fulfilled its contractual obligation to play baseball
games in 1998 [the partnership] could keep the
payments.
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Last modified: May 25, 2011