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. whose registered office is at 300 Trade Center, Suite 6700, Woburn, MA 01801 and/or 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.
Use of the Booking Service
Our Booking Service offers for sale 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.
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).
We reserve the right not to complete a booking if we believe that it is unlawful or in breach of these, or a train operating company’s terms & conditions.
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. 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 arrange for your tickets to be provided to you. 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.
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. Please contact the train operating company.
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.
Please note that we are not responsible for any loss or damage which you suffer in relation to the provision of transport services or products 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 (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.
While we try to ensure that all content (including times and fares) 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 inform us of an error, we will take reasonable measures to rectify it.
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.
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. 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 governs 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 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. If you use the Booking Service as a consumer and are ordinarily resident in another country at the time of booking, the application of mandatory law of that country remains unaffected.