Last updated: 31 July 2020

About these Terms & Conditions

These Terms & Conditions govern the relationship between Railsmartr (“us”) and the customer (“you”). By accessing or using the railsmartr.co.uk website you are acknowledging that you have read both these Terms & Conditions and our Privacy Policy, and you agree to be bound by these Terms & Conditions.

Who is Railsmartr?

Railsmartr is a trading name of Assertis Ltd.

Assertis is licensed by the Rail Delivery Group, on behalf of the Train Operating Companies in Great Britain (England, Wales and Scotland), to sell tickets for travel on the services provided by those Train Operating Companies and, where through ticketing exists, on the services of other transport operators, such as Transport for London and certain tram, metro, ferry, hovercraft and bus routes.

The railsmartr.co.uk website is accredited by Rail Settlement Plan (RSP), a subsidiary of the Rail Delivery Group, to sell train tickets on behalf of the Train Operating Companies; this entitles the  Railsmartr.co.uk website to carry the “National Rail accredited” mark.

The Service provided by Railsmartr

Railsmartr provides an independent and impartial service to plan train journeys and buy tickets for train travel in Great Britain (“the Service”). We do not favour the services or tickets of any train operator over any other, nor do we receive different payment or incentives from any train operator compared with any other.

Whilst we try to find the best through fare for a journey on any date that you plan a journey on, we may not always be able to do so, because we are not permitted to sell the ticket in question; the fare has been reduced since the date of your query; cheaper fares that were not previously available have been made available; or the route that is required for the fare to be valid has not been found by our journey planner.

The Service includes refunds and amendments to your tickets, where these are permitted by the terms and conditions of the ticket that you have purchased. We do not set the terms and conditions of the tickets; these are set by the train operators.

We are responsible only for the supply of your ticket, and do not provide any train or other transport services. For any matter relating to your journey, such as cancellations, closures, missed connections, delays, seat reservations or problems with luggage, you must contact the relevant train operating company. Where your journey is subject to delay, and you are entitled to delay repay compensation, then you must obtain this from the relevant train operating company; provision of Delay Repay compensation is not part of our service.

Your obligations

You must be aged 16 or over to use our Service; if you are aged 16 or 17 you will need a parent’s or guardian’s permission to use our Service and, by doing so, you will be deemed to have obtained this permission.

All information that you provide in using our Service must be correct and complete; we are not liable for our inability to provide you with the Service if you provide incorrect or incomplete information – for example where an address to which you have asked us to post your tickets, or an email address to which we will email your tickets, is incorrect or incomplete.

You do not need to create an account to use our Service but, if you do, you must ensure that the information you provide is correct. You are responsible for keeping safe the information that allows access to your account.

By using our Service, you also agree to be bound by the National Rail Conditions of Travel (NRCoT). The NRCoT sets out the minimum level of service that the train operating companies must provide to you once you have purchased your ticket from us. It also defines the obligations that you must meet when you travel on the services provided by the train operating companies, or on the services of other companies which your ticket entitles you to travel on. You should read and ensure that you understand the NRCoT as it affects your rights and responsibilities.

If the NRCoT changes, then the version of the NRCoT that was in force at the time you purchased your ticket from us applies.

It is your responsibility to select the correct ticket for your needs and your journey or, if you are purchasing for someone else, for their needs and their journey. If you are not certain which choice you should make then you should contact us for advice. We are not liable for any compensation, expenses, claim or other loss arising from incomplete or inaccurate information provided by you. Whilst we take great care to ensure that scheduled journey, live running and fares information are accurate and up to date, we cannot guarantee that they are, as they are provided to us by the train operators and other bodies, and may contain errors or omissions.

At certain times, journeys on the network may be disrupted due to bad weather, strikes, short-notice engineering works, or accidents, amongst other reasons. It is your responsibility to check whether this is the case.  

Payment

We offer the following payment methods:

• Visa Debit
  
• Visa
  
• Mastercard Debit
  
• Mastercard
  
• Maestro
  
• American Express
  

You must be legally authorised to use the card and must ensure that you have sufficient funds to make payment.

We may decline your payment, or review your payment for counter-fraud purposes, and we are not obliged to accept your payment.

All payments are in £ Sterling. We do not accept payments in cash or by cheque.

Your order will only be complete once we have sent to you an order confirmation. 

Getting your tickets

When you buy your ticket from us, you will choose how you wish to receive your ticket. The choices that we will make available may depend on the ticket type and journey you are making, and when you are making your journey. You are responsible for the choice you make.

You may choose one of the following, if available:

eTicket: we will email to you both a PDF and pkpass ticket. They are identical and you may use whichever you prefer. You may print out the PDF and take it with you, or you may display the PDF on a suitable mobile phone or tablet device; if you choose to do the latter, you are responsible for ensuring that the device has sufficient battery power at any point in your journey where you may be requested to show your ticket. You may add the pkpass to Apple Wallet on a suitable device; if you choose to use a pkpass, you are responsible for ensuring that the device has sufficient battery power at any point in your journey where you may be requested to show your ticket. You are liable for any charges made to you by your mobile network operator.

Collection from a ticket machine: we will email you a collection reference, and you must use both this and the same card that you paid with, to collect your ticket. You are responsible for ensuring that you have both the same payment card and the collection reference when you collect your tickets. If, between purchasing your tickets and making your journey, you have lost your payment card, had it stolen, or it has expired, you should contact us and we will help you. Not all stations have ticket collection facilities, and we will provide you with a list of stations that do have ticket collection facilities; you may collect your ticket from any of these stations. If your journey starts from a station that does not have ticket collection facilities then you will need to collect your ticket from a station which does have ticket collection facilities before you start your journey; you may not start your journey until you have done so. You must allow sufficient time to collect your ticket before the departure of your first train (or other mode of transport). If you have problems collecting your ticket then you should ask station staff to help, or contact us.

1st Class post: we will post your tickets to you; you must provide a complete and correct address at which you are able to receive the delivery, and we are not liable for non-delivery should you not do so. We can only post tickets to UK addresses. You will only be offered this option if there is sufficient time to deliver your tickets before your journey.

Special Delivery Guaranteed by 1pm: we will post your tickets to you; you must provide a complete and correct address at which you are able to receive the delivery, and we are not liable for non-delivery should you not do so. You or another person must be available to sign for the delivery, otherwise the tickets will not be delivered and you may have to rearrange delivery with Royal Mail or collect them from Royal Mail yourself. We can only post tickets to UK addresses. You will only be offered this option if there is sufficient time to deliver your tickets before your journey. Special Delivery Guaranteed by 1pm may take longer for some postcodes, and you should check if there is sufficient time on the Royal Mail website.

Your journey

The purchase of a ticket allows you to travel on the services of the train operating companies which form the National Rail network, and on other systems or modes of transport, on which your ticket is valid. Where your ticket has date, time, geographic or train operator restrictions, then you must adhere to these unless you are authorised to do otherwise by a representative of a train operating company.

You must retain your ticket at all times during your journey, and show it on request to an authorised person. Where your ticket has had a discount applied, for example through using a railcard, then you must also be able to present the railcard when so requested by a representative of a train operating company, and your railcard must be valid for the date(s) of travel.

Should you not be able to present a valid ticket (and railcard, if required), then you may be subject to a Penalty Fare, or Unpaid Fare Notice, issued by the train operating company.

Charges for the Service

We do not charge any booking fee or card fee or other fee in order to buy train tickets; you pay only the price of the train ticket.

In most circumstances, we do not charge any fee for refunds or amendments. If we do charge a fee, we will tell you beforehand. 

Ticket refunds and amendments

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.

If you wish to amend an Advance ticket, then you will be able to only change the date, time, class and status (adult / child / railcard) of the ticket. You cannot change the origin, destination or route of the ticket. To amend your ticket you must first purchase, from Railsmartr, a new Advance ticket with the same origin, destination and route code, and you must email us at refunds@railsmartr.co.uk before the departure of your original journey; we will then refund the value of your original ticket or, if your new ticket is cheaper, the value of that ticket. If you do not email us before the departure of your original journey, then we will not refund you. We can only make refunds to your original payment card, unless that card has expired and you have closed the account associated with it.

If you wish to refund a ticket that can be refunded, then you must do one of the following:

• If your ticket is an eTicket, then you must contact us no more than 28 days after the last day of validity of your ticket. Your eTicket must be unused, or the return portion must be unused if you are requesting a refund of that portion only.
  
• If you have chosen to collect your ticket from a ticket machine, but have not yet done so, then you must contact us no more than 28 days after the last day of validity of your ticket.
  
• If you have chosen to collect your ticket from a ticket machine, and have collected it, or if it has been posted to you (whether by 1st Class post or Royal Mail Special Delivery Guaranteed by 1pm) then you must provide us, by email, with an image of the ticket cut up, and rendered unusable, no more than 28 days after the last date of validity of the ticket. The ticket must not have been used and must have no markings on it.
  

Whenever you are applying for a ticket refund, you must only apply for a refund where the ticket has not been used, or where it was used but you were unable to reach your destination, and decided to abandon your journey.

We do not charge for ticket refunds.

What if something goes wrong with our 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 NRCoT 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 from 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.

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.