TrainGenius.com Website Terms and Conditions
These terms and conditions govern your use of our website; by using our website, you accept these terms and conditions in full. If you disagree with any part of these terms and conditions, do not use our website.
- Intellectual property rights
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.
- Licence to use website
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions below.
You must not:
- republish material from this website (including republication on another website);
- sell, rent or otherwise sub-license material on the website;
- reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
- redistribute material from this website except for content specifically and expressly made available for redistribution (such as our newsletter).
- Limitations of liability
The information on this website is provided free-of-charge, and you acknowledge that it would be unreasonable to hold us liable in respect of this website and the information on this website. Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill).
Our liability is limited and excluded to the maximum extent permitted under applicable law. We will not be liable for any direct or indirect loss or damage arising under these terms and conditions or in connection with our website, whether arising in tort, contract, or otherwise. Without limiting the generality of the foregoing exclusion, we will not be liable for any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings arising under terms and conditions or in connection with our website, whether direct or indirect, and whether arising in tort, contract, or otherwise.
However, nothing in these terms and conditions shall exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.
- Interruptions to Service
TrainGenius.com endeavours to provide this service 24 hours a day, without interruption.
However, there may be times of the day where it is necessary to update and / or maintain this service and / or the data held within it.
When this is the case TrainGenius.com shall ensure that customers be made aware if they are part way through a transaction that maintenance is about to take place, and advance notice will be placed on the website where possible.
We may revise these terms and conditions from time-to-time. Please check this page regularly to ensure you are familiar with the current version.
- Entire agreement
- Law and jurisdiction
This notice will be governed by and construed in accordance with English law, and any disputes relating to this notice shall be subject to the exclusive jurisdiction of the courts of England.
- Registrations and authorisations
Our VAT number is GB 783 535 893.
- Our contact details
The full name of our company is Assertis Ltd. We are registered in England & Wales under registration number 04040155. Our registered address is Assertis, Clements House, 27-28 Clements Lane, London, EC4N 7AE. These terms and conditions are based on a template created and distributed by www.website-law.co.uk.
TrainGenius.com Terms And Conditions
What are Terms and Conditions?
These are our terms and conditions. They relate to your purchase of a ticket or other product from us through our website ("Service"). They regulate the Service we provide, the relationship between us and what happens should something go wrong.
The purchase of a ticket allows you to travel on the National Rail Network and other systems or modes of transport and with the various Train Companies responsible for your journey. The National Rail Conditions of Carriage ("NRCoC") govern your journey and apply to all domestic (non-international) journeys by passenger trains of the Train Companies on the National Rail Network. The NRCoC establish the minimum level of rights you are entitled to expect. They are available at the National Rail website and should be read by you as they affect your rights and responsibilities. Any variations or restrictions to the NRCoC will be set out by the Train Companies.
Who provides the Service?
TrainGenius.com is only responsible for the supply of your ticket. For any matter relating to the journey, such as cancellations, closures, missed connections, delays, problems with luggage and refunds you must contact the relevant Train Company with whom you travel. Remember, the NRCoC will apply as a minimum standard and you will be bound by the terms and conditions of the Train Companies who operate the train for your journey.
What do we provide?
Our Service is impartial. We provide a range of products and travel information without recommendation and for your personal use only. You choose which ticket or product is the best for your needs. Certain ticket types are not sold by us and it may be possible to obtain different products and prices from the Train Companies' own ticket offices.
Do we charge for the Service?
In certain circumstances, we may make charges in addition to your ticket price. These will be clearly identified. Any taxes or other fees incurred by your ticket purchase will be your responsibility.
Your journey details
At the time your ticket is issued, we will rely on any information provided through our website by you. This means that your destination, departure and arrival times, connections and any required personal or financial information must be correct and complete. We will not be liable for any compensation, expenses, claim or other loss arising from inaccurate or incomplete information provided by you.
Please note that the information on our website including train and journey times, routes, ticket types, prices and connections is provided by third parties. We cannot therefore guarantee that such information is correct.
You are responsible for verifying such information with the Train Companies prior to departure and checking that you are able to complete your journey. This includes checking with the Train Company for disruption due to bad weather, strikes, engineering works or other reasons.
Please also note that we cannot provide accurate transit times for travel in urban networks, for example London Underground or Metro services. These systems are operated by independent train operators. You must check for these details especially transit for early or late trains, with those operators.
It is important that you have a valid ticket for your journey without which you may be unable to travel or be obliged to pay the fare plus a penalty. If the ticket is not genuine or is being used in breach of the terms and conditions of the Train Companies, the NRCoC or our terms and conditions, your ticket may not be accepted. This means that you must have any appropriate railcard used in connection with the ticket or qualify to benefit from any reduced prices, discounts or promotions.
Amendments, cancellations and refunds
Depending on the ticket you have purchased, you may be able to amend the dates of travel or other aspects of the ticket. You will be advised at the point of purchase of the terms and conditions relating to the particular ticket you are about to purchase and these will include information on whether, and under what circumstances, you can amend, refund or cancel your ticket. These terms and conditions are decided by the train operating companies providing the fares. It is your responsibility to satisfy yourself that the ticket you are about to purchase meets your needs.
Where you decide to make an amendment or refund which is possible under the terms and conditions of the ticket that you have purchased, we will charge an administration fee of up to £10 per ticket. Please note that, where a refund is made, it will only be for the rail ticket part of the payment, and not for any booking fee, delivery fee or card payment fee.
If you wish to apply for a refund, please complete the online refund form and return it, together with your unused tickets, to the address provided, within 28 days of the expiry of the validity of your ticket. We cannot accept applications for refunds that are received by us later than this. We will contact you to confirm if your claim is approved.
How do I receive my ticket?
At the time of your purchase online, you will choose how to receive your ticket. This is your choice and you accept responsibility for the delivery details and its fulfilment unless varied below:
1. Collection from a ticket machine or ticket office window at a station
Certain stations have ticket machines from which you can collect your ticket(s). If you choose this method of delivery, you must allow sufficient time at the station to collect the ticket. To collect your ticket(s) you must have both the Collection Reference (an eight digit alphanumeric code that is displayed on your confirmation email) and the same debit / credit card that you used to make the purchase with. If the ticket machine is not working or is not accessible (for example, it is in a locked off part of the station), or there is any other reason why you cannot obtain your ticket from the machine then you should contact the station staff in the first instance. If station staff are not available, or cannot help, then please contact us on our customer service helpline. We will do our best to assist but will not be able to issue you with replacement tickets. You have the responsibility to ensure that you have a valid ticket for your journey.
Your tickets will be ready for collection two hours after you complete your purchase. Please allow for this time.
2. By Royal Mail First Class post
If this option is available, your ticket will be sent by first class post to a UK address. You must ensure that the delivery address is correct and that you will be able to receive or collect your ticket from this address in sufficient time for your journey.
As your tickets can take several days to arrive, please ensure that you leave sufficient time for their arrival and notify us at least 24 hours before departure if they have not arrived by post.
3. By Royal Mail Special DeliveryTM Next Day
If this option is available, your ticket(s) will be sent by Royal Mail Special DeliveryTM Next Day to a UK address. You must ensure that the delivery address is correct and that you will be able to receive or collect your ticket from this address in sufficient time for your journey.
Royal Mail Special DeliveryTM Next Day aims to deliver your ticket(s) by 13.00 on the next working day, providing that you have completed your ticket order by 15.00 on a working day. You or another person must be present at the address in order to sign for your ticket(s); if no-one is available to sign for your ticket(s) then Royal Mail will not deliver the ticket(s) and you will need to collect them at your own cost at a later date. We cannot be liable for any consequential loss if you are not able to sign for delivery.
You should be aware that Royal Mail Special DeliveryTM Next Day may take place up to 17.30 (rather than 13.00) for some postcodes, chiefly Scottish Highlands and Islands; and that Royal Mail Special DeliveryTM Next Day will take two or more working days for delivery (by 17.30) to some Channel and Scottish islands. You should check full details which can be found at the Royal Mail website.
4. To your mobile telephone
For some journeys we offer the option to have your ticket delivered to your mobile telephone.
If you choose to have your ticket sent to your mobile telephone then you must ensure that it is able to access the internet link which we provide and that you can download and store the barcode ticket on your phone. You must follow any instructions given. You must ensure that you not only have the ticket printed or displayed in the correct form but also the same debit / credit card that you used to make the purchase online. The ticket is for your use only.
You are responsible to ensure that for any booking that is for more than one person, all those travelling on that booking, travel together at all times.
If the ticket is received on your mobile, you must ensure that you have your mobile with you at all times on your journey and that it is charged and is able to display the ticket details clearly as required by the Train Company, on request. You agree to provide your mobile for inspection if required by the Train Company staff.
Please take notice of any additional restrictions or conditions relating to this method of delivery and the tickets available through it.
You will be liable for any charges made by your network / mobile operator.
5. Print@home tickets (self print) delivered to your email address
For some journeys we offer the option to print your ticket using your own printer.
You must print the ticket on clean white A4 paper and must carry it with you at all times during your journey. You are responsible to ensure that for any booking that is for more than one person, all those travelling on that booking, travel together at all times. You must present the ticket when asked to do so by Train Operating Company staff.
You must not copy the ticket or transfer it to another person. The ticket is for your use only.
You must ensure that you bring with you the same debit / credit card that you used to make the purchase online, as this may be used for identification.
Please take notice of any additional restrictions or conditions relating to this method of delivery and the tickets available through it.
You will be liable for any costs incurred in printing the ticket.
What if something goes wrong with the Service?
This clause does not affect your statutory rights as a consumer.
We make every effort to supply the Service using reasonable care and skill but we are not liable for the provision of information used in the Service that is provided by third parties. Such information can be subject to change.
We shall have no liability in respect of your negligence or failure to follow our instructions (oral or in writing), misuse, alteration or abuse of the Service.
Any loss or damage you suffer on your journey is governed by the NRCoC and the relevant Train Companies' terms and conditions. You should contact them in the event of a problem.
We shall not be liable to you by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the Service, if the delay or failure was due to any cause beyond our reasonable control. If we fail to deliver your ticket in sufficient time before your departure and such failure was within our control or we have been negligent, then you should contact us. Any reimbursement will be limited to the cost of the replacement ticket.
As far as the law allows, we will not be liable for any damages resulting from loss of profits, business data, goodwill, contracts, revenues or other costs or losses arising out of or resulting your use of the Service. All warranties, statements and representations relating to the information, products and services provided as part of the Service are excluded as far as the law allows.
Our liability to you for death or injury resulting from our negligence is not limited.
What are my responsibilities?
You confirm that the decision on which ticket or product to purchase is wholly yours and that you will be responsible for deciding the delivery method. You will also check that it is suitable for your needs and that you have the ability to receive the Service and pay for it. You agree to pay any additional charges levied by a network provider, mobile operator or similar service provider that you may incur.
You also agree that you are using the Service for your own personal use or on behalf of a person for whom you are legally authorised to act. By using the Service, you warrant that you are legally entitled to use the debit/credit card and provide the personal details and that you will be bound to pay the price for the Service.
Terms you should note
We shall provide the Service subject to these Terms and Conditions but we may subcontract any part of the Service. All the terms of the agreement between us are contained in these Terms and Conditions unless varied and confirmed by us in writing. These Terms and Conditions may change from time to time but such changes will not affect a prior purchase.
We may amend any error provided that the correction does not materially affect the Service. If you need to contact us, please do so at the address given below. We will contact you at the address given at the time of the purchase.
Certain parts of the Service or other products you may buy are provided by a third party. We have no control over their terms and conditions and you should therefore satisfy yourself that you wish to be bound by their terms and conditions before entering into an agreement with that third party.
If we choose not to take action against you for a breach of these Terms and Conditions, that will not be considered as a waiver of any subsequent breach of the same or any other provision.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions and the remainder of the provision in question shall not be affected.
These Terms and Conditions shall be governed by the laws of England and you agree to submit to the non-exclusive jurisdiction of the English courts.
If you pay for the Service using a non-UK credit or debit card, then that purchase will be subject to the exchange rate and you will be responsible for any effect that may have on the ticket or your purchase.
Neither you nor we intend any third party to be able to enforce any of these terms pursuant to the Contracts (Rights of Third Parties) Act 1999.
Who is TrainGenius.com?
TrainGenius.com is an independent impartial online retailer of train tickets and is accredited by the Association of Train Operating Companies, on behalf of National Rail and the individual train operating companies.
We sell train tickets for all train companies on all national routes in England, Wales and Scotland.
TrainGenius.com is a trading name used by Assertis. Assertis is a company registered in England & Wales, registration number 04040155, VAT number GB 783 535 893.
UPDATED APRIL 2010
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