1. The auction contains lots donated free of charge by supporters. All proceeds from the sale of these lots will accepted by The UK Sepsis Trust (‘the Charity’).
2. Lots consist of physical objects (‘Objects’) and events or other services provided by donors or third parties (‘Events’).
3. The lots are sold with all faults, imperfections and errors of description and the Charity makes no representations of any nature with respect to the lots, including without limitation with regard to their physical condition, quality, suitability, or fitness for use. The Charity is not responsible for:
• The quality, safety or legality of the lots
• The accuracy or truth of the information supplied regarding the lots
• The unfettered title of the lots, and the full right to list the lots for re-sale
4. By placing a bid, you confirm that you are satisfied with the picture (if any) and description of the lots provided at the auction on 16th November 2019 and that the description and any picture contains a sufficient level of information to enable you to make an informed decision to buy the lot you are bidding for.
5. Please be aware that by bidding on any of the lots, you will be entering into a binding agreement by which you are committing to buy the lot you have bid on and pay the price you have bid plus any applicable taxes and transaction charges.
6. Estimate figures are for guidance only. We hope that they will be exceeded.
7. If your bid is successful, you must make full payment to the Charity in pounds sterling within 5 days. Please make cheques payable to the UK Sepsis Trust. (All major credit and debit cards accepted). There is no surcharge for debit card payments, but for credit cards there is a 2% surcharge.
8. Title will pass to the highest bidder once you have made the full payment for the price bid plus any additional charges, by credit card or the payment is cleared in the Charity’s account. You must, however, collect any lots consisting of Objects within the time set out under the heading ‘Delivery and Collection’ below.
9. If you are the successful bidder, you will assume the risk and responsibility for the lot on payment, even if the lot has not been collected.
10. If you are the successful bidder you agree that your lot will not be used for marketing or promotional purposes, or for any use that may damage the reputation of the Charity.
LOTS CONSISTING OF EVENTS
11. Where the lot consists of an Event arranged by a donor or third party, the Charity will provide the successful bidder with the name and contact details of the donor or third party for you to contact them, and any voucher necessary for you to claim the Event. Except where there is a complete failure by a donor or third party to supply an Event, the Charity shall have no further responsibility and shall not be liable for any failure by the donor or third party to supply the Event as advertised or for any other failure, negligence or omission by the donor or any third party. [If not collected on the day of the Auction, any voucher will be sent to you by first class post, at your risk.]
12. Events have been donated for the auction strictly on the understanding that they will be attended by the successful bidder and any guest or guests up to the maximum number specified in the relevant details provided. Events may not be assigned by the successful bidder and are limited to the number of persons specified in the description. In the case of an assignment of an Event, the donor or third party will be entitled to refuse to provide the Event and no refund will be made.
DELIVERY AND COLLECTION
13. Successful bidders will be able to collect, or arrange collection of, their lots using details disclosed to them upon full payment as set out above. Collection must occur by 5.00pm on [16th December 2019], unless otherwise arranged with the Charity.
14. The Charity will not arrange wrapping, packing or transportation of lots other than vouchers for Events. Collection of all lots is the responsibility of the successful bidder and at their risk.
15. All lots are held at the successful bidder’s risk after payment has been made as set out under ‘Successful Bids’ above. The Charity reserves the right to charge successful bidders for storage of Objects that have not been collected by 16th Dec 2019.
16. If a lot is not collected within eight weeks from the close of the auction, then title to the lot will revert to The Charity without a right to refund. The Charity will then be entitled at its discretion to re-sell the lot and apply the proceeds for the benefit of the Charity.
17. The Charity is not liable for any loss of data, loss of opportunity, damage to goodwill, loss of reputation, or for any type of indirect, economic or consequential loss whatsoever and howsoever caused, but nothing will limit the liability of any party for fraudulent misrepresentation, death or personal injury caused by negligence.
18. The contents of the Charity’s website and the lots are protected under English law and are owned or controlled by The Charity or the individual donors who have licensed their own material for our use.
19. The Charity will collect, store and use your personal data securely and in accordance with the General Data Protection Regulation 2018.
20. You acknowledge and agree that the Charity will collect your email address and phone number for use in connection with the auction. We will not publish any of your details without your consent but by entering a bid you grant us permission to use your information to deliver ownership of your lot, either from our offices or the lot donor.
21. In order to process your payment and arrange delivery of your lot, you agree that the Charity may need take further details from you and share these with certain third parties for the purpose of payment and delivery.
22. The Charity will do its best to protect your personal data and will use strict procedures and security features to try to prevent unauthorised access. However, you acknowledge that transmission of information via the Internet is never completely secure and that we cannot guarantee the security of data sent to the Charity. Any transmission is therefore at your own risk. If you make a payment by credit or debit card, the Charity will not hold details of your card on file.
23. Neither party to the auction shall be liable to each other for any delay or non-performance of any obligations to the extent that such performance is interrupted or prevented by circumstances beyond their reasonable control. If delay or failure continues for more than 20 business days then the party that has not been affected may, at its option, and if it is reasonable for it to do so, terminate the attempted sale of the lot in question.
INTERPRETATION AND GOVERNING LAW
24. The decision of the Chairman of the Charity on any matter relating to the interpretation of the description of the bids or these rules is final.
25. The laws of England and Wales govern these Terms, and any claims or disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the English courts.
This Super Draw is organised by and for the benefit of the UK Sepsis Trust (an England & Wales registered charity with number 1158843). Eligible guests of this evening's event may enter our super draw ("Super Draw") for a chance to win a Private Lear Jet Day Experience for up to 8 people from London to Amsterdam, Brussels, Cologne or Paris.
By participating in this Super Draw, entrants agree to be bound by these Terms and Conditions.
2. Important Data Privacy Notice:
UK Sepsis Trust will use the information we collect from the winner (and share it with selected third parties) solely for the following purposes:
a. to communicate with you regarding the Super Draw and allocation/ fulfilment of any prize; and
b. to comply with relevant laws and regulations.
To enter the Super Draw you must be 18 years of age or older and a resident in the UK.
4. Entry Period and Purchase Price:
Tickets to the Super Draw will be available at this evening's event only. Each ticket costs £50 and the winner will be publicly selected by an independent person selected by the UK Sepsis Trust at random later this evening.
5. Acceptance or use of the prize:
a. The prize shall consist of (i) a day return flight on a private Learjet aeroplane for the winner and seven guests of the winner’s choosing, from London to one of the following destinations[(at the winner’s choice) Drafting note: we assume the winner gets to choose the destination from this list?]: Amsterdam, Brussels, Cologne or Paris; and (ii) hotel accommodation the night before the flight.
b. The flights shall be provided by 221b Aero Ltd and the cost of such flight cannot at any time be redeemed as cash.
c. All dates selected by the prize winner to redeem their flight will be subject to availability.
d. All flights must be carried out within [SIX MONTHS of the 3rd November 2018][Drafting Note: UKST to update with relevant date]. Any change to this is at the discretion of 221b Aero Ltd and may entail further charges to the prize winner and/or their guests.
e. In the unlikely event that the aircraft specified becomes unavailable due to technical issues or any other unforeseen circumstances, then 221b Aero Ltd are at liberty to cancel that flight and re-arrange another suitable date and/ or different aircraft type to accommodate all inconvenienced parties.
f. All parties wishing to travel must travel together on the same itinerary and ensure that they have any necessary visas required for the trip, and that all passports/visas have a minimum of SIX MONTHS remaining on them prior to the date of return travel back to the UK. Each individual must also provide these details to 221b Aero Ltd in digital format prior to departure dates. Failure to provide such details, or to present these documents prior to departure will result in the individuals being declined a right to fly.
g. All flights will depart and return to London Biggin Hill Airport. No refund or compensation will be made in the event of any cancellation or delay in any flight.
h. Complimentary catering and beverages are available on board the flights. However we cannot be responsible for any allergens or allergic reactions to that which is provided.
i. All parties are responsible for their own ground transportation to and from both the hotel accommodation and London Biggin Hill Airport and the airport of their chosen destination. All transport deemed airside is the responsibility of 221b Aero Ltd and is complimentary.
j. All parties are responsible for their own travel insurance.
k. If the winner elects to travel with fewer than 7 guests such that there are less than 8 individuals travelling, no additional compensation will be provided.
l. The hotel accommodation shall be at a hotel that is reasonably conveniently located for London Biggin Hill airport selected by UK Sepsis Trust (or on its behalf), and shall [include breakfast but shall not include any other food or drink], and shall [be on the basis of the group sharing twin or double rooms] [Drafting Note: you should consider whether the wording in square brackets is correct and whether you should exclude any other items].
6. Additional terms:
a. UK Sepsis Trust shall not have any liability and does not accept any damage, loss, injury or disappointment suffered by entrants of this Super Draw to the extent permitted by law. Nothing shall exclude UK Sepsis Trust ’s liability for death and personal injury as a result of its negligence.
b. If you are the winner, we may publicize your name and town or county of residence to announce the winner of this Super Draw. If you object to this information being published or made available, or, you would like to reduce the amount of information being published about you, please let us know.
c. These terms and conditions shall be governed and construed in accordance with the laws of England and Wales, and any disputes in relation to them shall be subject to the jurisdiction of the English courts.
If you are the winner, to claim your prize please contact Chrissy Wilson 01543 483700