Auction Rules
These Auction Rules governs your use of the Guardian Unlimited Travel Auction website at http://www.guardianauctions.co.uk (the “Auction Site”) and your relationship with Guardian Newspapers Limited (“GNL”, “We” or “Us”). Please read them carefully as they affect your rights and limit our liability to you under the law. If you do not agree to these Auction Rules, please do not register for or use the Auction Site. If you have any questions on the Auction Rules, please contact userhelp@guardianunlimited.co.uk
1. Definitions
(a) "Bid" means an offer by you to the Vendor to purchase the goods or services offered for auction on the Auction Site at the amount specified by you upon making a Bid.
(b) “Offer” means the goods or services for auction sale on the Auction Site by the Vendor.
(c) "Vendor" means the third party seller of the goods or services on the Auction Site. You will be informed who the Vendor is in the Offer details.
2. Acceptance
By Bidding at an auction on the Auction Site you agree and accept that the auction will be governed by these Auction Rules.
Your use of the Auction Site will also be governed by the General Terms and Conditions of use of the Guardian Unlimited websites and our privacy policy. Please click here to see these other terms and conditions.
If there is any conflict between these Auction Rules and the General Terms and Conditions of use of any of the Guardian Unlimited websites these Auction Rules shall prevail in relation to the Auction Site.
3. Your Details
If there are any changes to the details supplied by you, it is your responsibility to inform Us as soon as possible.
You undertake that all details you provide to Us for the purpose of entering auctions are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the Bid.
4. The Auction Process
To participate in an auction and Bid, you are required to register on the Auction Site. To register on the Auction Site you must be over eighteen years of age. When you register to use the Auction Site you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and Bids that occur or are submitted under your password unless they are a result of our negligence or deliberate acts by Us.
If We have reason to believe that there is likely to be a breach of security or misuse of the Auction Site, We may require you to change your password. We reserve the right to withdraw your participation from an auction and terminate your auction account in accordance with paragraph 8 below. Please note that registration on the Auction Site is separate from your registration on any other part of the Guardian Unlimited network of websites.
All goods and services you Bid for are subject to the terms and conditions of the Vendor.
By placing of a Bid you have made a legal offer to the Vendor and you also agree that you may only retract a Bid before the close of the relevant auction in exceptional circumstances, such as where the Vendor materially changes the Offer after you place your Bid or an obvious typographical error is made. You may only retract a Bid after it has been accepted by the Vendor where in GNL’s reasonable opinion you have made an obvious typographical error when placing a Bid amount or quantity for example where you have submitted 5000 instead of 500.
To retract a Bid you must contact the Guardian Unlimited Travel Auction Manager with your Bid retraction request. You can contact us by emailing us userhelp@guardianunlimited.co.uk . You must include the item listing number and the reason for the retraction.
Bid retraction requests received by Us without a valid explanation will not be processed.
If We accept your Bid retraction request, you may not place any new Bid on that item.
All auctions held on the Auction Site will run for the period of time specified on the Auction Site by the Vendor for the relevant auction. The auction will end when the period of time specified by the Vendor expires. [We reserve the right to close auctions early or to extend them at any time at our discretion]. Auctions may be cancelled because of, amongst other things, technical difficulties experienced by the Auction Site, the Vendor, or the Internet.
5. Winning Bids
The winning Bid in any auction will be the Bid which, at the time the auction closes, is the highest Bid which exceeds any reserve price or minimum bid set by the Vendor and meets any other conditions of the relevant auction.
The winning Bidder’s contract is concluded with the Vendor at the time the auction closes.
The Vendor reserves the right to accept a Bid which is the highest Bid at the time the auction closes but which does not meet any reserve price or minimum bid.
Following the close of an auction, you should check the status of your Bid by accessing your secure online auctions account - ''My Account''. If your Bid is successful, you will be notified of this in your account.
If your Bid is beaten by a higher Bid which is later removed by Us or the Vendor for any reason, it will be open to the Vendor to accept your Bid, in the place of the higher Bid as if such Bid had never been made.
If you have the winning Bid for an auction, we will notify and pass on your contact details to the Vendor. The placing of a Bid by you will constitute your consent to us detailing your name next to your Bid for other users of the Auction Site to view and passing on your details to the Vendor. The Vendor will contact you within forty eight (48) hours of the close of the relevant auction with details for payment for the total amount of your Bid in accordance with the Vendor’s terms and conditions.
The Vendor shall arrange for fulfilment of the Offer to the delivery address specified by you at the time of placing your Bid once payment has been received.
If you win an auction but your payment is rejected by the Vendor’s systems, we reserve the right to substitute your Bid with the next highest qualifying Bid at the Vendor’s request and We accept no responsibility for the Vendor’s actions in this respect.
We reserve the right to refuse or remove any Bid in our reasonable discretion including those in respect of which there is a dispute, which are not accepted by the Vendor, or which fail to reach the reserve.
If you win an auction please note that in most cases the Offers are for goods or services which are non-refundable and non-exchangeable, subject always to your statutory rights, however as your contract is direct with the Vendor we shall not be liable for any decision made by the Vendor regarding the goods or services you have purchased.
6. Payment
Each auction is conducted in the currency of pounds sterling only unless otherwise stated.
All prices include VAT and delivery within mainland UK, unless otherwise stated.
7. Travel
Flight tickets and package holidays purchased through the Auction Site will be subject to the terms and conditions of the operator of your flight or holiday.
Please note that the relevant airline or tour operator reserves the right to change flight details and routes or holiday details.
Any Visa, Passport and inoculation requirements are your responsibility and failure to obtain the relevant documentation and inoculations is not the responsibility of GNL or the Vendor.
In the auction of a package holiday, We are acting as retail agents for ATOL holders whose details are available via the Offers on the Auction Site.
8. Our right to suspend or cancel your registration
We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Auction Rules.
You can cancel these Auction Rules at any time by informing us in writing. If you do so, you must stop using the Auction Site.
The suspension or cancellation of your registration and your right to use the Auction Site shall not affect either party's statutory rights or liabilities.
Paragraphs 9, 12 and 13 of these Auction Rules shall continue to apply following cancellation.
9. Liability
The Auction Site provides a facility for you to contract with Vendors. As provider of that facility only, we are not a party to that contract and so We shall not be liable for the Offers, any acts or omission of the Vendor or any other aspect of the relationship between You and the Vendor.
We attempt to ensure that the information available on the Auction Site is accurate. However, all information regarding the Offers on the Auction Site is provided by the Vendor and in some cases the Vendor remotely uploads the information on to the Auction Site. Therefore We can not guarantee the accuracy of such information and can not be responsible for any errors in such information.
We have no duty to update this site or the content hereof provided by the Vendors and We shall not be liable for any failure to update such information.
Further, We are neither responsible nor liable for your use of other websites which you may access via links within the Auction Site. We do not control these web sites and are not responsible for their content. These links are provided merely as a service to users of the site and inclusion in this Auction Site does not constitute an endorsement by or affiliation with Us. Any goods or service that you purchase from any web site to which you link from this site are subject to the terms and conditions applicable to such web site. These web sites may collect data or solicit personal information from you. Those sites are not subject to GNL's Privacy Policy and GNL is not responsible for the privacy policies on those sites, or the use of any information those sites may collect.
Nothing in these Auction Rules is intended to limit or exclude our liability for fraudulent misrepresentation, or if something we do negligently causes death or personal injury.
We reserve the right to change information, specifications and descriptions of Offers at any time.
The Auction Site is provided on an "as is" and "as available" basis. We make no guarantee that the Auction Site will be error-free, continuous or uninterrupted, and the operation of the Auction Site may be interfered with by numerous factors outside of our control.
We do not make any warranty that the Auction Site is free from infection by viruses.
We do not accept any liability for any losses or claims arising from any inability to access the Auction Site, any interruption in the conduct of any auction nor for any failure to complete a transaction.
We will not be liable for any business losses such as lost profits, anticipated savings, business interruption or lost data, or for any indirect or consequential loss of any kind (including negligence) arising out of or in connection with the use of the Auction Site or for any products or services purchased from the Auction Site.
We will only be liable for direct losses up to a maximum total of the greater of (i) the price of the product or service purchased or (ii) £100, in respect of any claim.
10. Customer care
We aim for total customer satisfaction and therefore, in the highly unlikely event of a problem, just contact the Vendor directly using the contact details provided by the Vendor in the Offer or contact us at userhelp@guardianunlimited.co.uk and we will forward your query to the relevant Vendor for resolution.
We will do our best to correct errors and omissions as quickly as practicable after being notified of them.
11. Privacy
If You register on the Auction Site you should read our privacy policy a link to which is provided in paragraph 2 above.
Please note that our privacy policy applies only to this Auction Site and not to web sites maintained by other companies or organisations to which we link.
12. Ownership and Copyright
This Auction Site is owned, operated and maintained by Us. This site and all perceptible components hereof, including without limitation, design, text, graphics, the selection and arrangement thereof, and all software compilations, underlying source code, software are protected by copyright, trade marks, database rights and other intellectual property rights and are proprietary to Us, or licensed to Us by our content and technology providers. You may not reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Auction Site without written permission from Us. You may only use this site and its contents in accordance with these terms and conditions.
13. Trademark Notice
All names, logos, trade marks and titles used in this site are trade marks or trade names of their respective holders. No licence is granted to you in these Auction Rules to use such names, logos, trade marks and titles.
14. Governing Law
These Terms and Conditions are subject to English law. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within the United Kingdom.
15. Variations
We may amend these terms from time to time and shall give you notice of such amendment by posting the amended Auction Rules on the Auction Site. Please ensure that You review these terms and conditions regularly as You will be deemed to have accepted a variation if You continue to place Bids on the Auction Site after amended Auction Rules have been posted. If you do not wish to accept the new Auction Rules you should not continue to use the Auction Site.
16. Entire Agreement
These terms constitute the entire agreement between you and GNL relating to the subject matter herein.
17. International Use
The Offers on the Auction Site are not available for persons residing outside the United Kingdom, and accessing the Auction Site from territories where its contents are illegal or unlawful is prohibited.
18. Miscellaneous
You may not transfer any of your rights under these Auction Rules to any other person. We may transfer our rights under these Auction Rules to another business where we reasonably believe your rights will not be affected.
If you breach these Auction Rules and We choose to ignore this, We will still be entitled to use our rights and remedies at a later date or in any other situation where you breach these Auction Rules.
We shall not be responsible for any breach of these Auction Rules caused by circumstances beyond our reasonable control.
The Auction Site is owned and operated by Guardian Newspapers Limited a company registered in England and Wales whose registered office is at 164 Deansgate,
Manchester M3 3GG.
If you have any queries please contact Customer Services at userhelp@guardianunlimited.co.uk
Company Registration No.00908396, VAT No. GB 145 7744 45.
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