Terms & Conditions
Introduction
First/Keolis TransPennine Limited makes this Site available to
you to provide information about its business and about certain
products and services available to you.
Please read these Terms of Use (as defined below) carefully.
Your access to, and use of, the website of First/Keolis
TransPennine Limited of 7th Floor, Bridgewater House, 60 Whitworth
Street, Manchester, M1 6LT ("First TransPennine Express") with all
URL's being www.tpexpress.co.uk or derivations thereof
(the "Site") is provided by and is subject to the terms, conditions
and notices set out herein and in our Privacy Policy and all
applicable laws and regulations. By accessing and using the Site,
you accept and agree to be bound by, without limitation or
qualification, these Terms of Use and, if you buy tickets online,
by the National Rail Conditions of Carriage (www.nationalrail.co.uk/conditions.htm) , and
acknowledge that any other agreements between you and First
TransPennine Express are superseded with respect to this subject
matter. If you do not agree and accept, without limitation or
qualification, these Terms of Use and the National Rail Conditions
of Carriage, then please exit the Site. By continuing to use the
Site you are deemed to accept and to be bound by the Terms of Use
and, if you buy tickets online, by the National Rail Conditions of
Carriage (www.nationalrail.co.uk/conditions.htm) (as
amended from time to time). We may change the Terms of Use at any
time at our sole discretion and your continued use of the Site
after any such changes are made, will indicate your agreement to
those varied terms. For the purposes of the Terms of Use "we",
"our" and "us" refers to First TransPennine Express and any
reference to "you" or "your" means you, the user.
Ownership of Content
First TransPennine Express are the copy write owner of all
graphical and text content that may be found on this website (all
rights reserved). Unless being used for personal or non-commercial
use, no part of this website may be copied, modified, or published
without the prior written permission of First TransPennine
Express.
By accessing this site you guarantee to First TransPennine
Express that you will not use this website for any purpose that is
unlawful or prohibited by these terms, conditions and
notices.
First TransPennine Express also reserves the right to suspend, or
permanently block your access to this site at their discretion.
Links to Third Party Websites
The Site and all of its contents including, but not limited to,
the text, Site (as well as the organisation and layout of the
Site), design, logos, graphics, icons and images (the "Content")
are owned and copyrighted by First TransPennine Express or others
(including our licensors) with all rights reserved unless otherwise
noted. All trade marks, copyright, database rights, design rights,
patents and other intellectual property rights (together "the
Rights") in the Content and the Rights in any software or
underlying software code that is made available for download from
the Site ("Software") are owned by us or our licensors. Any Content
that is a trademark, logo or service mark is also a registered or
unregistered trademark of First TransPennine Express and/or third
parties. Nothing contained in these Terms of Use shall be construed
as conferring by implication, estoppel or otherwise any licence or
right to use any Rights of First TransPennine Express or any other
third party. Where the Content is owned or copyrighted by a third
party, certain restrictions may apply that you have to comply with.
Where these apply, they will be indicated on the relevant part of
this Site. Your use of any Content, except as provided in these
Terms of Use, without the written permission of First TransPennine
Express is strictly prohibited. You are also advised that First
TransPennine Express will enforce their intellectual property
rights to the fullest extent permitted by the law, including the
seeking of criminal prosecution.
Cookies
Cookies allow us to automatically identify you so that we can
deliver news and content best suited to you. When you enter our
site your computer will automatically be issued with a Cookie,
which is a text file, which identifies your computer to our server.
Cookies in themselves do not identify the individual user, just the
computer used. Many sites do this whenever a user visits their
site, in order to trace traffic flows. Cookies themselves only
record which areas of the site have been visited by the computer in
question, and for how long. Users have the opportunity to set their
computers to accept all cookies, to notify you when a cookie is
set, or not to receive cookies at any time, although this of course
means that personalised services cannot then be provided to that
user. Allowing us to create a cookie does not give us access to the
rest of your computer and we will not use cookies to track your
online activity once you leave our site.
Contributions to the Site
Where you are invited to submit any contribution to the Site
(including any text, photographs, graphics, video or audio) you
agree, by submitting your contribution, to grant First TransPennine
Express a perpetual, royalty-free, non-exclusive, sub-licensable
right and license to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, perform, play,
make available to the public, and exercise all copyright and
publicity rights with respect to your contribution worldwide and/or
to incorporate your contribution in other works in any media now
known or later developed for the full term of any rights that may
exist in your contribution, and in accordance with privacy
restrictions set out in the Site's Privacy Policy. If you do not
want to grant to First TransPennine Express the rights set out
above, please do not submit your contribution to the Site.
Furthermore, by submitting your contribution to the Site, you
warrant that your contribution:
is your own original work and that you have the right to make it
available to First TransPennine Express for all the purposes
specified above;
-
is not defamatory; and
-
does not infringe any law; and
-
indemnify First TransPennine Express against all legal fees,
damages and other expenses that may be incurred by First
TransPennine Express as a result of your breach of the above
warranty; and
-
you waive any moral rights in your contribution for the purposes
of its submission to and publication on the Site and for the
purposes specified above.
Your Use of the Site
You may download the Content, but only for informational,
non-commercial, non-profitable and personal use and provided that
you do not remove, adapt, alter or obscure any of the information,
Content or notices (such as copyright and other proprietary
notices) contained on the Content. You may not copy, reproduce,
republish, download, post, broadcast, transmit, make available to
the public, or otherwise use the Content (including, but not
limited to, "caching" any material on the Site for access by third
parties or "mirroring" any material on the Site) in any way except
for your own personal, non-commercial use. Any other use of the
Content or the Site requires the prior written permission of First
TransPennine Express;
Content within the "Media Centre" section of the Site may be
reproduced solely for editorial purposes in daily newspapers,
general circulation news magazines, trade publications and
broadcast media;
You may not distribute, modify, copy (except as set forth above),
transmit, display, reuse, reproduce, publish, license, create
derivative works from, transfer, sell or otherwise use Content
without First TransPennine Express's prior written
permission;
You may not create a database in electronic or structured manual
form by systematically downloading and storing any Content on the
Site;
As a condition of your access to and use of this Site, you warrant
to First TransPennine Express that you will not use this Site for
any purpose that is prohibited by these Terms of Use or could
constitute or encourage conduct that would be considered a criminal
offence, give rise to civil liability, or otherwise violate any law
and that you will not use the Site to post or transmit any
infringing, threatening, false, misleading, abusive, harassing,
discriminatory, liable to incite racial hatred, libellous,
defamatory, vulgar, obscene, indecent, scandalous, offensive,
inflammatory, blasphemous, pornographic, or profane material or
material in breach of confidence or privacy. First TransPennine
Express will fully cooperate with any law enforcement authorities
or any court order requesting or directing it to disclose the
identity of anyone posting or transmitting any such information or
materials. You also warrant to tell First TransPennine Express as
soon as you become aware of any unlawful or prohibited use of this
Site by any third parties;
You are responsible for complying with local laws and regulations
of the jurisdiction from which you access this Site. This Site
should not be accessed in any jurisdiction where for any reason the
publication or availability of this Site is prohibited. First
TransPennine Express does not represent that this Site complies
with laws in all jurisdictions. If you are in doubt, you should
seek legal advice and if necessary, terminate your use of this
We endeavour to keep this website free from viruses and other
malicious programs. We cannot accept responsibility, however,
for any such programs that might be transmitted to your computer as
a result of your use of the site or a third party website. First
TransPennine Express shall not be liable for any damages to, or
viruses that may infect your computer equipment or other property,
by reason of your use of, access to, or downloading of any material
from, this web site.
Disclaimers
Information, data, advice and opinions expressed in this Site
should not be relied upon for personal, legal, financial or other
decisions. You should consult an appropriate professional for
specific advice tailored to your situation. First
TransPennine Express cannot be held liable for either direct or
indirect damage or loss, including lost profit, incurred through
use of the information, data, advice or opinions expressed in this
Site
First TransPennine Express shall use reasonable care and skill
in carrying out the services contained in this site. However all
content (including the information, names, images, pictures, logos
and icons regarding or relating to First TransPennine Express, its
products and services (or to third party products and services))
and all products and services are subject to change and are
provided to you "as is" and on an "is available" basis. While First
TransPennine Express has taken all reasonable effort to ensure that
the information contained within the web site is correct, you
should be aware that the information it contains may be incomplete,
incorrect, or may have become out of date and is provided without
any representations or any kind of warranty made of any kind
(whether expressed or implied by law) to the extent permitted by
law, including, but not limited to, the implied warranties of
suitability, satisfactory quality, merchantability, fitness for a
particular purpose, non-infringement, compatibility, security and
accuracy.
Please note that some jurisdictions may not allow the exclusion
of implied warranties, so some of the above exclusions may not
apply to you. Without limiting the foregoing, First TransPennine
Express neither warrants nor represents that your use of any
Content will not infringe the rights of any third parties nor that
the Content will be accurate, complete or up-to-date.
First TransPennine Express assumes no responsibility for any
information not provided on this Site or for the failure of any of
our services offered on this Site, including but not limited to the
provision of train service information and the sale of rail
tickets.
Online and Mobile Retailing Terms of Use
The Site offers an
impartial service (the 'Booking Service') selling every variation
of ticket available around the UK representing all Train Operating
Companies. We do not currently support Ferry bookings,
supplementary tickets, Motorail services or Berth bookings on
sleeper services or Eurostar bookings.
Use
of the Booking Service
The Booking Service is
designed to provide you with travel information, to assist you in
determining the availability of travel-related goods and services
and to make travel reservations or other travel-related
purchases.
You agree that you
will only use the travel information facilities of this Booking
Service to find out information for yourself or for another person
who intends to use or make use of the Booking Service to purchase
travel services.
You confirm that you
have authority to use the credit/debit card details you provide for
the purpose of settling any payments you owe to us. You also agree
that all information supplied by you in using the Booking Service
is accurate and that you will not make any speculative, false or
fraudulent reservations. You further agree that you will only use
the travel services reservations facilities of this website to make
reservations or purchases for yourself or another person on whose
behalf you are legally entitled to act.
We shall not be
obliged to sell tickets or reserve a seat for a person or persons
who we have reason to believe may be intending to use it, or the
proposed method of payment, fraudulently. You acknowledge that you
will be financially responsible for any bookings, which are made
through the Booking Service using your account details and for all
reasonable and foreseeable losses, which we suffer as a result of
your breach of these terms or negligence when using this website
(including where you deliberately or negligently let others use
your account).
Bookings
Use of the Booking Service and
all bookings made on the Site are subject to
the Terms and
Conditions of First/Keolis
TransPennine Limited and the National
Rail Conditions of Carriage.
You are strongly advised to read these conditions, which contain
limitations and exclusions relating to our liability in respect of
loss caused by delays or cancellations, as well as loss or damage
to, and delay in the delivery or luggage and its
contents.
If you cannot produce
a valid ticket for the class of accommodation and service that you
are using, you will have to pay the appropriate fare or could face
paying a penalty fare.
Issue of
tickets
With respect to
tickets sold by us, we cannot confirm the price of any tickets
until such time as you complete your order and your credit/debit
card will not be charged until the order has been
processed.
When we have confirmed
your booking by e-mail to your registered e-mail address, we will
send your tickets or ticket collection number to you using the
method you selected when you made your booking.
On receipt of your
tickets we would ask that you check to ensure they are correct and
contact our Web Support team if your tickets do not meet the
information you provided at the time of booking.
Getting your
Tickets
We offer a range of
methods to get your tickets. The particular options offered for
your booking may differ depending on various factors, including
ticket type, train operator, method of purchase and whether or not
there is sufficient time to reliably post your tickets.
Normal post:
We will dispatch tickets by normal post to the
address you specify during the delivery process. You should ensure
that the address provided is
correct.
Next day delivery:
We will dispatch tickets by Royal Mail Special
Delivery to the address you specify during the delivery process.
You should ensure that the address provided is correct. You will
need to sign for the tickets upon
delivery.
International post:
We will dispatch tickets by International Signed
For (TM) post to the address you specify during the delivery
process. You should ensure that the address provided is correct.
You will need to sign for the tickets upon
delivery.
Collecting tickets at the
station: For many
bookings we allow you to collect tickets from a range of stations.
You must allow sufficient time to collect your tickets before
boarding the train. You must have your ticket collection reference,
and (unless stated otherwise) the credit/debit card used to make
the purchase as identification. You should note any special
collection instructions given during the booking process, for
example the station opening
hours.
If you are unable to
collect your tickets (for example due to the ticket machine(s)
being out of service) then you should contact the station staff for
further assistance. If there are no staff at the station, you
should board your booked train, and make yourself known to the
on-train staff at the earliest possible opportunity.
E-ticket / print@home:
For some bookings we allow you to print your own
ticket.
You must ensure that
you print the ticket clearly on A4 paper and carry the ticket with
you when you travel. Tickets are only valid when accompanied by the
correct identification selected whilst making the booking. Tickets
are non-transferable and you must ensure that no one else is able
to obtain and/or print a copy of your ticket.
Some train operating
companies apply additional restrictions to the use of e-ticket /
print@home - you must note any additional restrictions notified
during the booking process.
M-tickets / Mobile
tickets: For some
bookings we allow you to travel with paperless tickets delivered to
your mobile phone ("M-tickets"), booked either through the Website,
or via our Mobile Application. When booking such tickets via the
Website, you must check that your mobile phone is compatible with
our tickets by downloading a test ticket where indicated prior to
purchase.
It is your
responsibility to ensure that you carry your mobile phone on the
relevant journey and that your phone is charged, functional and
that you are able to display the ticket for inspection when you
travel. Due to the wide variety of mobile phone handsets and
networks we are unable to offer technical support or assistance.
You may incur data usage charges from your mobile phone operator
for downloading a ticket. You should check with your network
provider as to what charges may apply.
For identification
purposes you must also carry the credit/debit card used to make the
booking (If tickets have been booked for more than one passenger,
all passengers should travel together and the lead passenger must
carry the credit/debit card used to make the booking).
We shall not provide
duplicate or replacement tickets. The ticket must be stored on your
mobile phone until the date and time of travel and such safekeeping
shall be your responsibility. M-Tickets are
non-transferable.
By purchasing a
M-Ticket, you agree to cooperate with the train inspector and let
him/her clearly view the ticket on your mobile phone and you
acknowledge that you may be requested to hand over your mobile
phone voluntarily for inspection. If you do not produce your ticket
or hand over your mobile phone upon a request to do so by the train
inspector, the train inspector shall be entitled to consider that
you are travelling without a ticket. Some train operating companies
apply additional restrictions to the use of M-Tickets - you must
note any additional restrictions notified during the booking
process.
Changes, cancellations and
refunds
Changes to the date
and time of a ticket may be permitted depending on the type of
ticket and availability of alternatives, but exchange may not be
available for certain ticket types. Refunds will depend on the type
of ticket and conditions applicable to it and may not be available
for certain ticket types.
All refunds and amendments will
incur a £10 charge. To make any changes please login to your My
Account section of the Booking Service, or alternatively
contact
our Web
Support Team on 0844 556
5637
Miscellaneous
We may change the
terms relating to our Booking Service from time to time; however,
any changes will not affect existing terms accepted by you when
making a reservation or purchase through this website.
Network Rail usually
carries out track maintenance and renewal work at weekends or Bank
Holidays, or occasionally early weekday mornings or late evenings.
You are strongly advised to confirm your train times prior to
making your journey.
The prices quoted on
this website are in Pounds Sterling (£). If you pay for your
tickets using a foreign credit or debit card, we are not
responsible for the exchange rate and you are advised that changes
to your ticket or refunds may be affected by such exchange
rate.
Your use of the Mobile
Application
We allow you the right
to download, install and use the Mobile Application on your mobile
handset to access the Booking Service in accordance with these
terms and conditions.
You may not use the
Mobile Application for any purpose other than to access the Booking
Service. You do not and will not own the Mobile Application or any
information that is provided to you through it or the Booking
Service, but you may use these things in accordance with these
terms and conditions.
The Mobile Application
is provided to you free of charge and on an 'as is' basis. We have
tried to make sure that it will work on each compatible mobile
handset; however, we do not promise that the Mobile Application
will be suitable for your needs, or that it will work accurately or
in a particular way. All implied promises or warranties related to
the mobile application, and access to the booking service through
it, are excluded.
Data charges and
access
The Mobile Application
requires a correctly configured and functional internet data
connection, both for the initial installation, and for
use.
Data charges may be
charged to you by your network provider depending on your
individual tariff. You are responsible for any such costs. Note
that if you are using the Mobile Application on an overseas
network, the cost of data usage may be considerably higher than
when at home.
We are unable to
provide any warranties as to the levels of connectivity you will
receive via your mobile handset. This may depend upon your tariff,
your network provider or your corporate policy if you have a
work-issued handset. We will not accept any responsibility for any
connectivity issues you may experience.
Please contact your
network provider or visit their website if you require assistance
configuring a data connection for your phone.
Support &
Communications
While we have tried to
get a broad coverage of mobile devices, our Mobile Application will
not work on all mobile handsets. Please refer to our Website for
details of the handsets which are able to download our Mobile
Application. Download and operation success may depend on handset
settings.
If you have any
queries or problems with the Mobile Application, please look at our
FAQs for answers to the most common questions we receive from
users. If the FAQs do not assist, please contact us at:tpe.websupport@firstgroup.com
or 0844 556
5637. (Please do not contact any
distributor of the Mobile Application with a support request as
they will not be able to assist you.)
We may send
communications to you through the Mobile Application. These
communications may include marketing material, technical and
support information, and information on updates or changes. By
using the Mobile Application, you agree to us providing you with
such communications.
Please note that we
may cease to operate and support the Mobile Application, or a
particular version of it, at any time. If this happens, you will be
unable to access the Booking Services through the Mobile
Application (or the relevant version of it) and you may be unable
to download or install fresh copies of the Mobile Application.
Where we think that it is reasonable to do so, we also reserve the
right to either require you to delete the Mobile Application, or to
remotely deactivate the Mobile Application from your mobile
handset.
Updates &
Availability
From time to time, we
may issue updates to the Mobile Application, in which case you may
not be able to continue use of the version of the Mobile
Application installed on your mobile handset without downloading
the relevant update. If we issue an update of the Mobile
Application without disabling our earlier version installed on your
handset, we nonetheless recommend that you download and install all
updates issued. We cannot accept any liability for errors which
become apparent in old versions of the Mobile
Application.
We are able to suspend
access to the Booking Service through the Mobile Application. We
can do this for any reason, but will usually only do so when
carrying out maintenance on the Mobile Application or the systems
supporting it.
Security
You can use your
Mobile Application to store details of your bookings, favourite
journeys and payment card details. You should ensure that your
phone is protected by a suitable PIN number or password so that if
lost/stolen your stored details cannot be used or
accessed.