1. WHO IS ELIGIBLE TO PARTICIPATE?

This Promotion is open to all Star Alliance Gold status holders (Star Alliance Gold Holders) aged 18 and over only. Proof of age may be required at any stage of the Promotion.

2. WHO IS THE PROMOTER?

The Promoter is Star Alliance Services GmbH with offices at Frankfurt Airport Center, Main Lobby, 60546 Frankfurt am Main, Germany. All decisions made by the Promoter in all matters regarding this Promotion are final and no correspondence will be entered into.

3. PROMOTION PERIOD

The Promotion starts on 15 February, 2016 and will last for as long as the Offer is valid. The starting and closing time depends on the scheduled timetable of the Heathrow Express (“Fulfilment Partner”).

4. ENTRANTS AGREEMENT

By entering this Promotion, you are deemed to have understood, accepted and be bound by these Terms and Conditions (“Terms”). Please retain these Terms for your future reference.

5. HOW THE CAMPAIGN MECHANISM WORKS AND WHERE IT IS ACCESSABLE

The Promotion operates only on Heathrow Express trains and at London Heathrow Terminal 2. The Fulfilment Partner offers a benefit (“Offer”) to Star Alliance Gold Holders as further specified in Section 6 below.

You must present your original and valid Star Alliance Gold Frequent Flyer Programme card in order to receive the Offer offered by the Fulfilment Partner.

You may not use the Offer in conjunction with any other reward, discount or benefit of whatever nature and regardless of whoever provides such other reward, discount or benefit.

You may not transfer the Offer to any other person. There is no cash or any other alternative to the Offers provided under this Promotion.

The Offer is a subject to seating availability.

6. FULFILMENT PARTNER OFFER DESCRIPTION

Fulfilment Partner offers Star Alliance Gold Holders a free upgrade to Business First Class on trains to and/or from London Paddington and Heathrow Airport T2. Please note that the Standard Heathrow Express Conditions of Carriage apply in addition to these Terms.

To receive this Offer you must purchase of a full fare standard class ticket to and/or from London Paddington and Heathrow Airport T2, and show your valid Star Alliance Gold Frequent Flyer card when prompted in Business First Class on the train.

7. OFFER LIMITATIONS

The Promoter reserves the right to amend, cancel, or modify the Offer at any time at its sole discretion and without prior notice.

8. YOUR RESPONSIBILITIES

You shall be solely responsible for:

• paying any and all taxes associated with the receipt or use of the Offer awarded in this Promotion, including but not limited to country, state, local taxes and VAT; and
• paying all relevant airport taxes and airport charges (if applicable); and
• indemnifying and holding harmless the Promoter from and against any and all damages, losses, costs, injuries and claims arising out of or in connection with your participation in this Promotion and/or acceptance and use of the Offer in breach of these Terms or in breach of applicable law.

9. WAIVER

By participating and entering in this Promotion, and subject at all times to Paragraph 13 (PROMOTORS LIABILITY SPECIFICATION TERMS), you release to the fullest extent permissible by applicable law, the Promoter, the Fulfilment Partner, the Star Alliance member carriers and any of their respective parent companies, subsidiaries, affiliates, directors, officers, employees and agencies from any liability whatsoever, and waive any and all causes of action related to any claims, costs, injuries, losses or damages of any kind, whether consequential or otherwise, arising out of or in connection with this Promotion or delivery, mis-delivery, acceptance, possession, use of or inability to use the Offer (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under contract, tort (including negligence), warranty or other alleged cause of action.

10. PROMOTER’S RIGHTS TO CHANGE THE TERMS

The Promoter may, at any time, at their sole discretion and without prior notice, amend or modify these Terms and may also suspend, interrupt, terminate or discontinue this Promotion and/or Offer at any time (as it may reasonably deem necessary due to circumstances beyond its control) without notice or liability to anyone. This applies in particular in the event of any circumstances that disrupt the Promotion and/or Offer or prevent it from proceeding as planned.

11. EXCLUSION OF LIABILITY

Neither the Promoter, nor the Star Alliance member carriers shall be liable in any way to any party for any loss or damage arising in connection with this Promotion, for any reason whatsoever, including but not limited to any illegible or lost proof of Star Alliance Gold status, delayed or incomplete use of the Offer, error in computing, any breakdown or malfunction in any computer system or equipment and any notice which is misdirected or lost.

12. PROMOTER’S LIABILITY SPECIFICATION

You acknowledge that the Promoter and the Star Alliance member carriers and their respective directors, officers, employees, agents and contractors shall not be liable:

• to the maximum extent the law permits the above provision as a disclaimer; and
• for any damage, loss, liabilities, injury, costs, expenses or claims suffered by you as a result of entering into this Promotion, redeeming and utilizing the respective Offer, or not being able to redeem the respective Offer; and
• for any failure to comply with its obligations where the failure is caused by something outside its reasonable control or any other circumstances amounting to force majeure.

13. PROMOTER’S LIABILITY SPECIFICATION TERMS

Nothing in these Terms limits or excludes, or will be deemed to limit or exclude, the Promoters’ liability for fraudulent misrepresentation, death or personal injury caused by its fault or liability that may not otherwise be limited or excluded by law.

14. GOVERNING LAW AND JURISDICTION

This Promotion and any disputes relating to it will be governed by the laws of England and Wales and be subject to the exclusive of the jurisdiction of the Courts of England and Wales. This Promotion is void in all countries where it is illegal by law. Residents from such countries must not participate in this Promotion. Proof of address may be required at any stage of the Promotion.

15.

The English version of these terms and conditions is the sole authorised version of these terms and conditions. While every endeavour has been used in the execution of the translation into Mandarin, any conflict between the Mandarin and English versions is to be resolved in favour of the English version in each and every matter, and regardless of the degree of variation or importance between the English and Mandarin versions.