Updated on: 5th July 2017

RAILREPAY TERMS OF SERVICE

This page together with our Privacy Policy, Cookies Policy and Website Terms of Use tells you information about us and the legal terms and conditions that apply to you when using our Services.

These terms of service (the “Terms”) will apply to the provision of our Services to you. Please read these Terms carefully and make sure that you understand them before creating an Account and using our App. Please note that before creating an Account and using the App, you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to create an Account or use our Services.

If you are using our Services on behalf of a business, you confirm that you have authority to bind any business on whose behalf you use our Services.

You should print a copy of these Terms or save them to your computer or mobile device for future reference.

We amend these Terms from time to time as set out in clause 7. Every time you wish to use our Services, please check these Terms to ensure you understand the terms which will apply at that time.

You need to ensure that your mobile location tracker is switched on in your mobile handset and that our App location tracker is switched on, at the time of the delay or cancellation, to enable the Train Company to verify your Claim (through the location information collected by our App).

1.              Definitions

1.1            Account means a User’s account for the use of our Services;

1.2            Account Details means information submitted by you when (or after) you create an Account;

1.3            App means our mobile application through which you access our Services;

1.4            Claim means a train ticket Compensation claim submitted to a Train Company through our App or our Website;

1.5            Compensation means a refund of all or part of the price of a train ticket (or a refund of a proportion of a train season ticket calculated on a pro rata basis – as specified in the Train Company’s terms and conditions) or other compensation offered by a Train Company because of a delay in your journey, a train cancellation or a similar event;

1.6            Rail Services mean the rail services offered by the Train Companies to you;

1.7            Services means the services we make available to you through our Website and App, which: (i) allows you to submit Claims for delays or similar events to a Train Company; (ii) allows the Train Company to verify your location at the time of the compensation event (e.g. the delay or train cancellation);

1.8            Terms refers to the terms and conditions set out in this document;

1.9            Train Company means a rail operator that you used for a train journey under a valid train ticket (e.g. one way, return or season ticket) against which you submit a Claim through our App or our Website;

1.10         User, you or your refers to any person who registers their details with our App and creates an Account in order to use our Services;

1.11         RailRepay, we, us or our means RailRepay the trading name of Repay Solutions Limited; and

1.12         Website means RailRepay website at railrepay.wpengine.com.

2.              Information about us and how to contact us

2.1            Who we are. We are RailRepay, which is the trading name for Repay Solutions Limited, a company registered in England and Wales. Our company registration number is 10357895 and our registered office is at 71 Newman Street, London, United Kingdom, W1T 3EQ. Our registered VAT number is [NUMBER].

2.2            How to contact us. You can contact us by writing to us at admin@railrepay.com or by Twitter @railrepay or by post atRegents House, 40 Islington High Street, London, N1 8EQ.

2.3            How we may contact you. If we have to contact you we will do so by or by writing to you at the email address, or postal address you provided to us in your Claim or in your Account details or by inmail through your Account.

2.4            “Writing” includes emails. When we use the words “writing” or “written” in these Terms, this includes emails and inmail (i.e. push notifications sent to you through our App).

3.              How we use your personal information

3.1            We will use your personal information in accordance our Privacy Policy (“Privacy Policy“). Please take the time to read these, as our privacy policy explains how we use your personal data.

4.              Capacity and Age requirements

4.1            By placing a Claim through our App, you warrant that you are legally capable of entering into binding contracts and that you are at least .

5.              your claims

5.1            How our Services work. Our Services allow you to submit your Claim and allow the Train Company to verify your Claim through the information available through the App, including but not limited to your location at the time of the delay.

5.2            How your Claim will be processed by us.

(a)         You agree not to submit Claims that are not in line with the Train Company’s terms and conditions and compensation policies or with applicable laws. We reserve the right not to process your Claim if this happens. For instance, Train companies may not pay out if the delay is short, or if a delay or cancellation was caused by something outside the control of the rail industry such as vandalism, exceptionally severe weather and when the police or emergency services close the line. For more information see the terms and conditions and compensation policy of the Train Company.

(b)         Claims need to be submitted to us (with all the required information) before 4pm on the 28th day after completing the relevant journey or the train cancellation, or at least 8 hours before the end of the Train Company’s deadline for submitting a Claim if earlier (please check the Train Company’s deadlines for claiming compensation). If you submit your Claim later or your Claim does not include all the required information, we cannot guarantee that your Claim will be submitted to the Train Company on time and we will not be responsible if the Train Company rejects your Claim because it was not submitted on time.

(c)         Claims need to be accompanied by the rail ticket for the specific journey for which you would like Compensation or your season ticket. Without the relevant ticket, the Train Company have no way of knowing whether the Claim is genuine.  Unless we confirm otherwise to you, at the moment we do not support, and will not handle, Claims for journeys paid or validated with: (i) Oyster Card; (ii) contactless cards for TFL rail or overground; or (iii) contactless card travel.

(d)         You can submit your Claim following our instructions on our Website or our App. We will send you a notification to let you know that we have received your Claim and that we will notify it to the Train Company. This means we are processing your Claim and it does not necessarily mean that your Claim has been accepted by the Train Company. We will also notify you if we are not able to process your Claim for any reason.

(e)         You will receive a Claim number that may be used by you when contacting us about your Claim.

(f)          The Train Company (and not us) will process your Claim in accordance with its timeframes and procedures specified in their terms and conditions or otherwise. The timeframes for processing a Claim provided by the Train Company are only estimates. Unless we state otherwise, neither we nor the Train Company guarantee that any Claim will be resolved in any specific time.

(g)         You acknowledge and agree that either we or the Train Company will be entitled to use our App to verify your location and any other information required to ascertain or verify your entitlement to Compensation.

(h)         Save for manifest error, you acknowledge and agree that any information collected by our App for the purpose of verifying your Claim is correct and accurate.

5.3            The processing of your Claim. The Claim process is managed by RailRepay on your behalf and you will not have a direct contact with the Train Company. You will be notified on the progress of your Claim via push notifications (or by emails if you switch off the push notifications). The specific Claim process is explained on our Website and our App.

5.4            Payment for the accepted Claims. You accept that, unless we tell you otherwise, the Compensation monies for any Claim accepted by the Train Company will be sent to us by the relevant Train Company. We will then send you the Compensation monies, via bank transfer or PayPal, when a minimum £5 Compensation value has been reached. If the Compensation money is lower than £5 you will be entitled to request payment of this amount via the admin pages in our App or our Website at any time, but we may deduct a small administration fee from the Compensation money for handling the early payment.

5.5            Consideration for our Services. We will provide the Services to you in consideration for your full compliance with our Terms, Privacy Policy (and Website Terms if applicable) and our reasonable instructions.

5.6            If the Train Company cannot accept your Claim. If the Train Company is unable to accept your Claim, we will inform you of this in writing. This might be because of/for different reasons, including that the Train Company considers that you are not entitled to Compensation or a refund under the Train Company’s terms and conditions applicable to you. You may be entitled to appeal the Train Company’s decision directly through them or raise a complaint to TransportFocus or London Travel Watch. We will not process any appeals or complaints for you, but you will be able to collect all information about your Claim directly through our Website or our App (to enable you to submit your own appeal with the Train Company).

5.7            We only process Claims for rail services provided within the UK. We will process claims for non-UK based travellers but please bear in mind that: (i) you will need to contact our customer service to provide us with your payment details and any other information we require from you; and (ii) an admin charge will be applied to you (which will be deducted from your Compensation) to cover any bank fees and currency exchange rates incurred during the transfer of the Compensation to you.

5.8            We are not responsible for any delays or defects in the services provided by the Train Company. Our Services allow you to communicate your Claims to the Train Companies. The contract for the supply of rail services and any other ancillary services a Train Company provides to you is between you and the Train Company that you purchased a ticket from. We do not control the Train Company, the supply, or the quality of their Services. We do not give any undertaking that the Rail Services or the compensation procedures applied by a Train Company will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties.

5.9            We are not responsible for any Train Company’s delays in processing your Claim or paying a Compensation. We will update you about the status of your Claim as and when we receive feedback from the relevant Train Company. Our FAQs are available at [INSERT] and contain an estimated processing timetable for each Train Company.

5.10         Complaints about the services provided by a Train Company. If you are unhappy with the services provided by the Train Company and you want to submit a complaint, you must contact the Train Company directly and follow the Train Company’s own complaint procedures (or contact TransportFocus or London Travel Watch).  You can obtain more information about the Train Company’s complaints procedure at TransportFocus for services outside London and for services within London, London Travel Watch.

5.11         Complaints about our Services. If you are unhappy with our Services, please contact our customer care team by emailing us at admin@railrepay.com.

6.              Term and termination

6.1            These Terms will remain in full force and effect while you use our Services or have an Account with us.

6.2            You can cease being a User at any time by uninstalling our App or by closing your Account in accordance with the step by step guide available in our App. Alternatively, you can send us an email at admin@railrepay.com.

6.3            If you are in breach of our Terms or the relevant Train Company’s terms and conditions, we may, at any time, restrict your access to, or suspend or terminate your Account by sending notice to your email address or by inmail or push notification to your Account through our App, or without provision of notice if we have reasons to believe that you are in breach of these Terms, any law or rights of any third party or you have committed fraud (i.e. you submitted a fraudulent Claim). Furthermore, if you submit a fraudulent Claim to us we will stop processing your Claim and we reserve the right to inform the Train Company and/or to report the fraudulent Claim to the relevant authorities.

7.              Our right to vary these Terms

7.1            We may amend these Terms from time to time at our sole discretion. We may inform you of any changes in our Terms by sending you an email, an inmail (or a push notification) to your Account, by showing a notice about our new Terms in our App or by other suitable means. You may then contact us to end the Terms before the changes take effect. Please look at the top of this page to see when these Terms were last updated.

8.              Our responsibility for loss or damage suffered by you

8.1            The purpose of our Services is to assist you to process your Claim against a Train Company and to allow the Train Company to verify your Claim using the information available in your mobile device through our App. We are not responsible for the provision of the Rail Services to you.

8.2            Our liability if you are a consumer:

(a)         We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the Claim process.

(b)         We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Services including the right to receive services carried out with reasonable care and skill.

8.3             Our liability if you are a business:

(a)         We only provide the Services to end users of the Railway Services but you are entitled to submit Claims on behalf of your business. You must not resell our Services.

(b)         Nothing in these Terms limits or excludes our liability for: (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability which cannot be excluded by law.

(c)         Subject to clause 8.3 (b), we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with our contract for: (i) any loss of profits, sales, business, or revenue; (ii) loss or corruption of data, information or software; (iii) loss of business opportunity; (iii) loss of anticipated savings; (iv) loss of goodwill; or (iv) any indirect or consequential loss.

(d)         Subject to clause 8.3 (b), our total liability to you in respect of all losses arising under or in connection with our contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any one incident or series of related or unrelated incidents within a period of 12 months, be limited to the total Fees paid by you to us in the 12 months immediately prior to the relevant incident(s).

(e)         Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation our Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that our Services are suitable for your purposes.

9.              Events outside our control

9.1            We will not be liable or responsible for any failure to perform, or any delay in performance of, any of our obligations under these Terms that is caused by an Event Outside Our Control. An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

9.2            If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms, we will contact you as soon as reasonably possible to notify you, and our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.

10.            Other important terms

10.1         We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms.

10.2         You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.

10.3         Nobody else has any rights under these Terms. These Terms are between you and us. No other person shall have any rights to enforce any of these Terms.

10.4         If a court finds part of these Terms illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

10.5         Even if we delay in enforcing these Terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

10.6         Which laws apply to these Terms and where you may bring legal proceedings.

(a)         If you are a consumer, these Terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Wales or Northern Ireland you can bring legal proceedings in respect of the products in either Welsh or Northern Irish (respectively) or the English courts.

(b)         If you are a business, the following provisions will apply to you (and Clause 10.6 will not apply to you):

(i)   Any contract between us and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with any contract between us or its subject matter or formation (including non-contractual disputes or claims).

(ii) These Terms and any document expressly referred to in them constitute the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

(iii)        You acknowledge that in using our Services you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.

(iv)You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation based on any statement in these Terms.

An electronic enquiry template through which a consumer can contact the service provider via the internet, and to which the service provider will reply by e-mail would be regarded as directive and effective.

However, if requested by a consumer, the service provider must provide a non-electronic means of communication where the consumer, after first contacting the service provider electronically, finds himself without access to the electronic network (for example, when on holiday) and requests a non-electronic means of communication.