Terms & Conditions

Gate 365 terms and conditions have been modified and are correct as of the 7th March 2016

1. These terms and conditions are additional to the British Airways (BA) Executive Club Terms and Conditions ("Executive Club Terms and Conditions") for the Avios scheme ("the Scheme"). For Executive Club Terms and Conditions click here.

General

2. By accessing or using the Website you agree to be bound by these Terms and Conditions, as they may be amended from time to time, and any additional or alternative terms, conditions, rules and policies in connection with the Website which are communicated to you. Please note that these Terms and Conditions may be updated from time to time. These Terms and Conditions contain legal obligations; please read them carefully.

3. Any dealings you may enter into with any third parties, including any merchants or advertisers referred to, listed or linked to on the Website will be solely between you and such third parties, including any transactions for the purchase of goods or services from such third parties. All such dealings will be subject to the merchant's terms and conditions, and privacy policies, applicable to such transactions. BA SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (IN CONTRACT, NEGLIGENCE OR OTHERWISE) FOR PERSONAL INJURY, DEATH OR PROPERTY OR PECUNIARY LOSS OR DAMAGE ARISING OUT OF YOUR USE OF SUCH GOODS OR SERVICES OFFERED BY SUCH THIRD PARTIES.

4. The Website and the Website search option includes links to the websites of third party merchants. BA is not responsible for these sites, nor for any goods, information or services supplied through or in connection with them. Use of (and purchases on) those sites, including the provision by you of personal information, will be subject to the merchant's own Terms and Conditions, which you should also read. It is your responsibility to review and evaluate any such content, and that any and all risk associated with the use of, or reliance on, such content rests with you. You agree that BA shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your use of any third party Internet websites.

5. The intellectual property in all text, design, graphics and other material and the selection or arrangement and 'look and feel' of such material in this website is owned by us and/or our respective licensors.

6. As set forth herein, BA makes no warranties, representations, or terms of any kind in respect of this website or its contents (including, without limitation, any views, comment, advertisement, promotion or offer made) other than those required by law. All information and/or data included in and/or on this website is made available for guidance only. Your use of such information and/or data is therefore entirely at your own risk. We expressly exclude, to the fullest extent permitted by law, all liability of BA, its directors, employees or other representatives, howsoever arising, for any loss suffered as a result of your use of this website.

7. BA may collect information on your activity on this Website through monitoring your navigation and use of tools and functions available on the Website. This information enables us to analyse use of the Website and is used to enhance the structure of the Website Privacy and Cookie Policies). In addition, BA will collect and use information about you as set out in the Executive Club Terms and Conditions.

8. BA is not responsible for any charges you or any user of your account incurs as a result of dealings with any merchants or other third parties referred to, listed or linked to on, the Website. Further, you accept responsibility for ensuring compliance with all applicable laws in connection with any such transactions. You agree that Avios shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such dealings or transactions including, without limitation, any returns, refunds, or any product liability claims.

9. In the event of any inconsistency between the Executive Club Terms and Conditions and these Terms and Conditions, the Executive Club Terms and Conditions will prevail.

Retailers, Product Availability and Descriptions

10. We take care to ensure that all product information and pricing featured on this web site is accurate and up-to-date. However, we are unable to guarantee the prices or description of any goods or products displayed on this website. We reserve the right to make alterations without prior notice. The representation of colours on your browser may vary from the actual colours. Products are not scale models. (Except where stated in individual product descriptions). Product images are reproduced with the consent of the owner or licence holder of the copyrights and trademarks in such products.

11. Any typographical, clerical or other error or omission on any page of this web site shall be subject to correction without any liability on our part.

12. We shall have the right to suspend or cancel our obligations (without liability to you) in whole or in part if we are delayed or prevented from carrying on our business or any of our obligations under these Terms and Conditions due to any circumstance beyond our reasonable control.

13. Any intellectual property rights created by us in the course of performance of our obligations under these Terms and Conditions shall remain our property. Nothing in these Terms and Conditions shall be deemed to have given you a licence or any other rights to use the intellectual property rights owned by or licensed to us.

14. BA reserve the right to change or withdraw retailers featured on Gate 365 pages.

British Airways Website User Agreement

General

1. This Website is owned by British Airways Plc and operated by British Airways' technology suppliers (Points International) on behalf of British Airways Plc. British Airways Plc registered office is at Waterside, PO Box 365, Harmondsworth, UB7 0GB, England. For the purposes of these Terms and Conditions "We", "Our" and "Us" refers to British Airways Plc. Please review these Terms and Conditions carefully before using this Website. Your use of this Website indicates your agreement to be bound by these Terms and Conditions.

Data Protection

2. Any personal information you supply to Us when you use this Website will be used in accordance with Our Privacy Policy.

3. View our Privacy Policy

Proprietary Rights

4. All trade marks, copyright, database rights and other intellectual property rights in the materials on this Website (as well as the organisation and layout of this Website) together with the underlying software code are owned either directly by Us or by Our licensors. Without Our prior written permission, you may not copy, modify, alter, publish, broadcast, distribute, sell or transfer any material on this Website or the underlying software code whether in whole or in part. However, the contents of this Website may be downloaded, printed or copied for your personal non-commercial use.

Acceptable Use

5. You may only use this Website in accordance with these Terms and Conditions and, in any event, for lawful and proper purposes which includes complying with all applicable laws, regulations and codes of practice within the UK or other jurisdiction from which you are accessing this Website.

In particular, you agree that you will not:

  • post, transmit or disseminate any information on or via this Website which is or may be harmful, obscene, defamatory or otherwise illegal;
  • use this Website in a manner which causes or may cause an infringement of the rights of any other;
  • make any unauthorised, false or fraudulent purchase;
  • use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of this Website including but not limited to uploading or making available files containing corrupt data or viruses via whatever means;
  • deface, alter or interfere with the front end 'look and feel' of this Website or the underlying software code;
  • take any action that imposes an unreasonable or disproportionately large load on this Website or related infrastructure;
  • obtain or attempt to obtain unauthorised access, via whatever means, to any of Our networks.

Without prejudice to any of Our other rights (whether at law or otherwise) We reserve the right to:

  • cancel your bookings without reference to you; and/or
  • deny you access to this Website where We believe (in Our absolute discretion) that you are in breach of any of these Terms and Conditions.

Changes to this Website

6. We may make improvements or changes to the information, services, products and other materials on this Website, or terminate this Website, at any time without notice. We may also modify these Terms and Conditions at any time, and such modification shall be effective immediately upon posting of the modified Terms and Conditions on this Website. Accordingly, your continued access or use of this Website is deemed to be your acceptance of the modified Terms and Conditions.

Links to Other Websites

7. This Website may include links to other internet sites. We do not endorse any such websites and We are not responsible for the information, material, products or services contained on or accessible through those websites. Your access and use of such websites remains solely at your own risk.

8. You may only link to this Website with Our express written permission. We expressly reserve the right to withdraw Our consent at any time to a link which in Our sole opinion is inappropriate or controversial.

Limitation of Liability of Website Use

9. WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (IN CONTRACT, NEGLIGENCE OR OTHERWISE) ARISING OUT OF THE USE OF THIS WEBSITE OR ANY INFORMATION CONTAINED IN IT WHERE:
(a) THERE IS NO BREACH OF A LEGAL DUTY OF CARE OWED TO YOU BY US;
(b) THE LOSS OR DAMAGE IS NOT A REASONABLY FORSEEABLE RESULT OF ANY SUCH BREACH; OR
(c) THE LOSS OR DAMAGE IS NOT AN INDIRECT RESULT OF ANY SUCH BREACH; OR
(d) ANY INCREASE IN LOSS OR DAMAGE RESULTS FROM A BREACH BY YOU OF THESE TERMS AND CONDITIONS.

Nothing in these Terms and Conditions shall exclude or limit Our liability for death or personal injury caused by negligence or for fraudulent misrepresentation.

Disclaimer of Warranty

10. To the maximum extent permitted by law, We disclaim all implied warranties with regard to the information contained on this Website. All such information is provided "as is" and "as available" without warranty of any kind.

Indemnification

11. In addition to any other rights or remedies BA may have for your misuse or abuse of the Executive Club programme as stated in the terms and conditions thereof, and without limitation to any other rights or remedies BA may have at law, equity, or otherwise, you agree to indemnify, defend and hold Us harmless from any liability, loss, claim and expense (including reasonable legal fees) related to your breach of these Terms and Conditions.

Terms and Conditions Scope

12. These Terms and Conditions refer only to your use of this Website and separate terms and conditions apply to any purchases or orders that you make from this Website.

Miscellaneous

13. These Terms and Conditions contain all the terms of your agreement with Us relating to your use of this Website. No other written or oral statement (including statements in any brochure or promotional literature published by Us) will be incorporated. Your use of this Website, any downloaded material from it and the operation of these Terms and Conditions shall be governed by, construed and interpreted in accordance with the laws of England and Wales and you agree to submit to the non-exclusive jurisdiction of the English Courts. We reserve the right to bring proceedings in the Courts of the country of your residence.

14. This programme is void where prohibited by law, taxed or otherwise regulated in contravention of these Terms and Conditions.

Copyright British Airways Plc, Apr 2016

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Avios

1. The Executive Club Terms and Conditions govern all Avios that you may collect by shopping at merchants listed on and linked to from this Website. You are reminded that Avios credited to your Account, may be cancelled if the merchant from whom you have ordered goods or services tells us that the transaction between you and the merchant was cancelled. (For example, because you returned or didn't pay for products or services for which the Avios were issued).

2. Avios will only be awarded on purchases made with retailers featured on www.shopping.ba.com Online Shopping pages when clicked through to from Ba.com

3. Avios will not be awarded on the purchase of gift vouchers or purchases made using gift vouchers, which for avoidance of doubt includes gift cards, gift certificates or on VAT, sales, use, excise or other applicable taxes, and delivery charges.

4. Avios will only be awarded on transactions completed online.

5. If coupon/voucher codes that are not listed on our Gate 365 website are used, the transaction will be invalidated from earning Avios.

6. BA will not be held responsible for incomplete transactions due to failure of their or the individual retailers websites

7. Missing Avios claims must be made within 6 months of your initial purchase date. Please fill out our Missing Avios form

8. These Terms and Conditions shall be governed by English law and subject to the exclusive jurisdiction of the English courts.

9. If you have any questions regarding these Terms and Conditions please Contact us

10. Gate 365 (the "Website") is operated by British Airways Plc trading as BA, Waterside, PO Box 365 , Harmondsworth, UB7 0GB. VAT registered no. 17777777.