AGREEMENT BETWEEN THE CUSTOMER AND SILVERRAIL TECHNOLOGIES
The SilverRail ticket booking service (the “Booking Service”) is offered as a service to you, the customer, by us, SilverRail Technologies Inc. and our subsidiaries (“SilverRail Technologies”).
Purchase of Train Tickets
These terms and conditions set out the terms of our contract with you with respect to any ticket that you purchase using the Booking Service. By using our Booking Service, you agree to be bound by these terms and conditions in addition to the Carrier’s Conditions of Carriage.
Train Operating Companies
The train operating companies with whom you book tickets through this Booking Service are responsible to you in respect of the provision of the train journey you have booked. All bookings made through the Booking Service are subject to the applicable terms and conditions of the underlying rail operator and any specific restrictions imposed by the relevant train operating companies. Terms and conditions may vary by ticket type.
SilverRail Technologies is therefore not responsible for any delays, cancellations, or other disruptions to train services and we do not set any of the terms and conditions, including eligibility for refunds, of the various ticket types.
About SilverRail Technologies
SilverRail Technologies connects the world of rail. We specialize in building best-in-class technical solutions that helps Railways and Travel Distributors easily connect with each other.
Use of the Booking Service
Our Booking Service offers an impartial service selling tickets representing a number of global train operating companies. 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 confirm that you are at least 18 years old and have authority to use the payment method or billing account details you provide for the purpose of settling any payments due for any purchase made through the Booking Service, or that you owe to us. You also promise that all information supplied by you in using the Booking Service is accurate and that you will not make any speculative, false or fraudulent reservation. You further promise that you will only use the travel services reservations facilities of the Booking Service to make reservations or purchases for yourself or for another person on whose behalf you are legally entitled to act.
By default, this Booking Service provides details of trains and fares which represent the fastest published journey times on the date and at the times selected. In some cases there may be cheaper fares available on other operators’ routes or at off-peak times, in which case we provide a link to search for these. We quote prices for, and are able to sell the vast majority of point-to-point train tickets. We shall not be obliged to sell tickets to 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, in an improper manner.
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 your negligence when using the Booking Service (including where you deliberately or negligently let others use your account).
Fees and Charges
There may be certain fees and charges payable on top of the ticket price in respect of purchases made via the Booking Service. If applicable, these will be identified during the booking process. Some of these fees are levied by the relevant train operating company which requires us to pass them on to you, the customer.
You will be responsible for all charges and taxes payable as a result of your use of this Booking Service.
Issue of Tickets
Some tickets have limited availability. Although we check availability before quoting the fares, we cannot guarantee the availability of such tickets until you confirm the details of your journey immediately prior to payment. However, we do not charge your credit card until your order has been processed. We take all reasonable measures to ensure that the times and fares quoted on our Booking Service are correct. However, despite our efforts, we cannot guarantee that all of the information on our Booking Service (including times and fares) is correct, as our source data is provided from a third-party rail information provider or a train operating company. Where we become aware of an error, we will take reasonable measures to rectify it. If you have purchased tickets which are subject to an error, we will refund the amount charged to you in full.
When we or the train operating company or the booking system that you are using have confirmed your booking by email to your registered email address, we will fulfil your tickets to you using the fulfilment method you selected when you made your booking. While we endeavour to have tickets delivered in accordance with timescales supplied by our delivery agents; we cannot be responsible for any guaranteed delivery times.
If you selected to have your tickets mailed to you, please check your tickets when you receive them. If you believe that the tickets we have sent you do not meet the information you provided at the time of booking through our Booking Service, please contact us immediately. You must ensure that you are in possession of the tickets booked before you board the train. 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 on the train and a penalty fare may also be payable. We, the train operating company and the ticket inspector reserve the right to refuse to accept your ticket to the extent that it is unsatisfactorily displayed or to the extent that we or they have reason to suspect that a fraudulent use of confirmation, transfer to a different person, or other abuse or reproductions, copies or counterfeits of any ticket are in circulation.
Compensation and Refunds for Delayed or Cancelled Journeys
If the service on which you have booked to travel is cancelled or severely disrupted you may be entitled to compensation or a refund. If the train operating company allows us to issue this refund on their behalf, then we shall do so. If not, we will provide you with the contact details of the relevant train operating company and you will need to make a claim directly with the train operating company concerned. Unfortunately we are not permitted to issue compensation or refund tickets for cancelled/disrupted journeys unless the relevant train operating company gives us permission to do so.
Please note that we are not responsible for any loss or damage which you suffer in relation to the provision of transport services under tickets purchased through the Booking Service (including any delays, cancellation or disruption to train services). Any terms and conditions imposed by the relevant train operating company will apply to any transport services provided to you in accordance with tickets booked through the Booking Service, and you should read such terms and conditions carefully.
If we fail to deliver any tickets to you for any reason within our control within a reasonable time prior to your departure time, any re-imbursement made by us of the costs of a replacement ticket or an alternative journey by train shall be no more than the cost of the nearest equivalent ticket purchased on the train or at the station.
We are not responsible for losses that result from, but are not directly caused by, any breach of these terms and conditions, or that are not reasonable or foreseeable by you and us (such as loss of profits or opportunity) even if we are made aware of the possibility of such losses. Our liability shall not, in any event, include losses related to any business of yours, such as lost data, lost profits or business interruption. We will be liable for any reasonable and foreseeable direct costs you incur which are caused as a result of our negligence or a breach of these terms up to a limit of the value of the relevant ticket(s) purchased by you, which costs could not have been reduced or avoided by you taking reasonable steps. We will in no circumstances pay or be responsible for any loss of profit, loss of opportunity, loss of business, loss of revenue, wasted time, wasted costs, indirect, incidental, or consequential loss arising out of or in any way connected with the use of this Booking Service or with the delay or inability to use this Booking Service, or for any information, products, and services obtained through this Booking Service, or otherwise arising out of the use of this Booking Service.
Nothing in these terms limits our liability for death or personal injury directly caused by us.
All third-party suppliers of products, services or content through which we link to from this Booking Service are independent entities and we are not responsible or liable for any wrongful act or omission on their part or for any of the content of their web sites, including but not limited to any product liability claims.
We may change these terms from time to time. However, any changes will not affect existing terms accepted by you when making a reservation or purchase through this Booking Service.
These terms are intended by us to set out the whole agreement between us and you and any prior communications between us are not included in this agreement. We recommend that you read them carefully to protect your own interests. If you do not think they set out the whole agreement between us, please make sure you ask for any additional terms to be put in writing prior to making any transaction. In that way we can avoid any problems surrounding what you expect us to do. We cannot accept any liability for any reliance placed by you on any statement or representation on this Booking Service, whether made by us or a third-party, except to the extent a statement or representation on this Booking Service is made negligently by us.
If any of these terms are found to be invalid by a court or at law then the remainder of these terms shall continue to apply to the extent that they still make sense without the unenforceable term(s).
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these terms or your use of this Booking Service.
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.
You and we agree that English law applies to these terms and conditions and that any dispute between us regarding the Booking Service or arising out of or in connection with these terms and conditions will only be dealt with by the English courts, unless you are resident in another part of the United Kingdom, in which case the applicable law of that part of the United Kingdom will apply and any dispute will be brought before the courts there.
Active Collection of Information
Some areas of the Booking Service require you to actively submit information in order for you to benefit from specific features, or make ticket bookings. Some of this information may be personal (namely, information that can identify you, such as your name, address or phone number). We only collect such information when you choose to supply it to us. You confirm that you will only enter information about yourself and that such information is true.
Passive Collection of Information
We may collect and process anonymous information about your visit to this Booking Service, such as some of the pages you visit and some of the searches you perform. Such information is used by us to help us improve the contents of the site and to compile, for internal market research purposes, aggregate statistics about individuals using it.
(a) “per-session cookies” are used while you are visiting the Booking Service to keep track of your progress through the booking process. These do not store any personal information and are deleted when you close your web browser;
(b) “auto logon cookies” store some personal information in order to allow you to log on automatically; and
(c) “looker cookies” store historic data about your visits to our Booking Service and allow us to personalise your shopping experience and make recommendations to you about products and services that we think may be of interest to you.
With most web browsers it is possible to configure your Internet browser so that it can refuse new cookies, prompt you to accept a cookie or disable cookies altogether. How you do this will depend on the Internet browser you use – however, refusing to accept “per-session cookies” may result in our Booking Service not operating correctly. For further details on cookies, we recommend that you visit www.allaboutcookies.org.
We may also use Internet tags in combination with “cookies” on the Booking Service. These tags are placed on both on-line advertisements that bring users to the Booking Service and on different pages of the Booking Service. We use this technology to measure visitor response to our sites and the effectiveness of our advertising campaigns. The third-party service provider involved may be able to collect anonymous aggregated data about visitors to other sites because of these Internet tags and cookies, and the servers on which this data is stored may either be located within or outside the EU.
Use of Information Collected
Your personal information submitted to us is used for operational purposes, for example, producing tickets, processing payments or confirming orders, and to personalise your shopping experience by using your purchases and browsing activity to make recommendations to you about products and services that we think may be of interest to you.
Sharing of Information
We may share your personal information with third-party service providers (including service providers outside of the EU) for the purpose of processing a booking reservation, hotel or travel insurance product or otherwise in relation to fulfilling a booking you have made via the Booking Service. These service providers will only have access to the personal information needed to perform the relevant service and may not use your personal information for any other purpose. They will also be required to use your personal information strictly in accordance with data protection laws, including maintaining adequate security measures to protect such personal information.
We may also share your personal information (a) with your employer or your employer’s travel agency if you are purchasing your ticket as a result of your Employer’s Agreement or your Employer’s Travel Agency Agreement (as applicable); (b) with any person who takes over our business to use your personal information on the same basis as we do; (c) with the train operator whose services you book; or (d) with legal or regulatory authorities where we are lawfully requested or required to do so, or voluntarily to the Police and similar law enforcement agencies (including fraud prevention and detection), other government agencies or third parties.
We take the security of your data very seriously. We employ physical, electronic and administrative security measures to protect the information that we collect about you from access by unauthorised persons and against unlawful processing, accidental loss, destruction and damage. You acknowledge and agree that we shall not be responsible for any unauthorised use, distribution, damage or destruction of personal data, except to the extent we are required to accept such responsibility by the data protection laws.
We will use reasonable care and skill to carry out the ticket retailing services contained in the Booking Service within a reasonable time, in accordance with these terms. We do not make any other promises and no other promises shall apply in respect of the information, products, and/or services contained on the Booking Service.
While we try to ensure that all content provided by us is correct at the time of publication, certain information is compiled and provided by third parties, and no responsibility is accepted by us or on our behalf for any errors, omissions or inaccurate content on the Booking Service. If you believe that you have noticed an error, please write to us to let us know.
We take measures to keep the Booking Service free from computer viruses and other malicious programs. However, we cannot accept responsibility for any computer viruses or other malicious programs which are transmitted to your computer as a result of your use of this Booking Service or a third-party web site, unless this was due to our negligence or a breach of these terms by us. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
We cannot guarantee the availability of the Booking Service. As with any service over the Internet there are factors over which we have no control, for which we cannot accept liability. You agree that we may take the Booking Service offline where we consider that this is necessary for routine or emergency maintenance without liability to you.
To the extent permitted by law, we exclude all representations and warranties (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. We do not guarantee the timeliness, completeness or performance of the Booking Service or any of the content.
Nothing in these terms limits our liability for death or personal injury directly caused by us.
All third-party suppliers of products, services or content which we link to from the Booking Service (which may include our selected partners such as providers of hotels, travel insurance companies and car hire companies) are independent entities and we are not responsible or liable for any wrongful act or omission on their part or for any of the content of their web sites, including but not limited to any product liability claims. You should read the terms and conditions of any third-party suppliers that are displayed on or linked to this Booking Service carefully.