Merseytravel Railpass Terms and Conditions of Use
- Terms and Conditions of Use
1.1 These terms and conditions of use (“Terms”) (together with any documents or other items referred to in them) tell you how you may use your Railpass issued by Merseytravel (“we” or “us”) when using rail services in and around Merseyside. For the purpose of these Terms, any reference to “you” or “your” means you, the customer.
1.2 Please read these Terms carefully before purchasing your Railpass from us. By purchasing and using a Railpass you accept these Terms.
1.3. We may amend these Terms from time to time by publishing any amendments or replacements to the Terms on our website: http://www.merseytravel.gov.uk (“Merseytravel Website”), which shall replace all previous versions published by us.
1.4 Reference in these Terms to the ‘Merseytravel/Metro Smartcard’ is a collective term and shall mean either a Metrocard or Walrus card on which your Railpass has been added or is to be added to. Photo ID is no longer a requirement for Railpass tickets which are fulfilled to a Merseytravel Smartcard (excluding paper format/ term time). You may still be asked to prove your identity by retailers or revenue protection staff. The following documents can be used to prove your identity: valid school ID, passport, drivers or provisional license, national ID or any other official document that contains both a photograph of yourself and your date of birth.
1.5 Reference in these Terms to ‘paper format’ is a term meaning a paper Railpass ticket that will require photograph ID.
1.6 Where these Terms conflict with any other information published on the Merseytravel Website, these Terms shall have priority.
- Who we are and how to contact us
2.1 The Railpass scheme is organised and operated by Merseytravel, the executive body responsible for the coordination of public transport in Merseyside.
2.2 If you have questions in relation to these Terms or the Railpass scheme, please contact us by emailing us on [email protected], writing to us at Merseytravel, PO Box 1976, Liverpool, L69 3HN, or by calling us on 0151 330 1000.
- Where can you use the Railpass
3.1 The Railpass allows you to travel on local train services within Merseyside and certain destinations beyond the Merseyside boundary including Chester, Ellesmere Port and Ormskirk, as shown on the map on the Merseytravel Website (see https://www.merseytravel.gov.uk/tickets-and-pricing/ticket-types/railpass-ticket/). Within these areas the Railpass is valid on all local train services of participating operators.
3.2 Your Railpass is not valid for use on:
3.2.1 One-off special event services, unless otherwise agreed by the participating rail operators;
3.2.2 Private rail services; or
3.2.3 any other services as agreed by the participating rail operators.
3.3 If your journey crosses the ticket boundary to Cheshire, Halton, Greater Manchester or Lancashire (other than where stated in clause 3.1), that part of your journey is not covered by the Railpass and you will be subject to additional fares from the point you leave the ticket boundary to your final destination. You are responsible for ensuring that your Railpass covers your entire journey and where it does not, that you have purchased any additional tickets required to reach your destination before setting off.
- Who can use a Railpass and when
4.1 Adult Railpasses are for persons aged 19 or over. They are held on Merseytravel/Metro Smartcards with the exception of term time tickets. They are valid in the following formats:
4.1.1 one week (Railpass Adult Weekly Ticket) which can be loaded straight on to your Merseytravel/Metro Smartcard or alternatively purchased from Merseyrail Ticket Vending Machine’s (TVM) in paper format, this will be valid from the date specified at purchase;
4.1.2 monthly (Railpass Adult Monthly Ticket) which can be loaded straight on to your Merseytravel/Metro Smartcard and will be valid from the date specified at purchase;
4.1.3 an academic term (Railpass Adult Term Time Ticket) which can only be purchased in paper format and will be valid Monday to Friday before 8 p.m. for journeys to and from school or for other educational purposes during that term, excluding any half term; and
4.1.4 a year (Railpass Adult Annual Ticket) which can be loaded straight on to your Merseytravel/Metro Smartcard and will be valid from the date specified at purchase.
4.2 Young Persons’ Railpasses are for persons aged 5 to 18 years inclusive. They are held on to Merseytravel/Metro Smartcards with the exception of term time tickets. They are valid in the following formats:
4.2.1 one week (Railpass Young Person Weekly Ticket) which can be loaded straight on to your Merseytravel/Metro Smartcard and can also be purchased from a Merseyrail TVM’s in paper format and will be valid from the date specified at purchase;
4.2.2 monthly (Railpass Young Person Monthly Ticket) which can be loaded straight on to your Merseytravel/Metro Smartcard and will be valid from the date specified at purchase; and
4.2.3 an academic term (Railpass Young Persons Term Time Ticket) which can only be purchased in paper format and will be valid Monday to Friday before 8 p.m. for journeys to and from school or for other educational purposes during that term, excluding any half term. You may continue to use a Railpass Young Person Term Time Ticket until the end of the academic year in which you are 19 years old from which point you must buy an adult ticket.
4.3 Apprentice Railpasses are for persons aged 19-24 who are enrolled on an apprenticeship programme of study and who live within the Liverpool City Region with an Apprentice Travelcard. Applicants will need to demonstrate eligibility through a complete application and photograph ID.
4.4 The Apprentice travel discount card is available from the point of purchase for 12 months, or until completion of the apprenticeship, whichever comes first. Upon completion of an apprenticeship, it is your responsibility to notify us of this as your Apprentice travel discount will no longer be valid from this point. Following receipt of this information, we will hotlist the card preventing further usage. Failure to notify us on completion of an apprenticeship shall constitute a misuse of the Apprentice Railpass and will be subject to any sanctions referred to in clause 8 below.
4.5 They may be bought as tickets valid for:
4.5.1 one week (Railpass Apprentice Weekly Ticket) which can only be added straight to your Apprentice Travelcard and will be valid from the date specified at purchase; and
4.5.2 monthly (Railpass Apprentice Monthly Ticket) which can only be added straight to your Apprentice Travelcard and will be valid from the date specified at purchase.
4.6 Subject to clause 4.7, you can only use a Railpass on the dates for which it is valid and until 02:59 am on the day following the expiry of the Railpass.
4.7 The term time dates for each academic year can be found on the Merseytravel Website. We recommend that you check with your school, college, academy or university to make sure that the term time dates for which the Railpass Term Time Ticket will be valid are suitable for your journeys.
- Using your Railpass
5.1 Each time you pass through a rail ticket barrier, it counts as a separate journey.
5.2 To use a Railpass, place the Merseytravel Smartcard or Apprentice Travelcard on the ticket machine or present your paper format ticket (whichever is applicable) at the rail ticket gates.
5.3 You must follow any of our, or the train operators’, instructions when using a Railpass when making a journey and you must let any driver or other member of staff of the train operator examine your Merseytravel Smartcard, Apprentice Travelcard or paper format ticket (as the case may be) at any time during your journey if asked to do so.
5.4 Use of a Railpass (whether a paper format ticket or contained on a Merseytravel Smartcard or Apprentice Travelcard) is only permitted by the person who initially uses the Railpass for the journey (the “Ticketholder”). Railpasses are non-transferable and are not intended to be used by anyone other than the Ticketholder during the period of its validity. Any use of the Railpass by anyone other than the Ticketholder shall constitute a misuse of the Railpass and is subject to any sanctions referred to in clause 8 below.
5.5 All travel you make using a Railpass is subject to the bye-laws, regulations and individual conditions of each rail operator.
- Buying a Railpass
6.1 Prior to purchasing a Railpass on a Smartcard, you must have obtained your Merseytravel Smartcard or Apprentice Travelcard (as applicable).
6.2 There is an initial one off activation fee for Merseytravel Smartcards, the cost of which is listed on the Merseytravel Website (subject to any activation fee increase that we may determine from time to time). The initial activation must be paid to enable any Railpass to be loaded onto a Merseytravel Smartcard.
6.3 If you are purchasing a Railpass Adult Term Time Ticket, you will need to provide a completed application form that has been stamped by the corresponding school, college, university or training provider.
6.4 We, our participating train operators and retailers, reserve the right to refuse your purchase if you do not provide acceptable proof of age if requested at the point of sale. Acceptance of your proof of age is at the sole discretion of us, the retailer or the rail operator. The following may be documents that can be used to prove your age: valid school ID, passport, drivers or provisional license, national ID or any other official document that contains both a photograph of yourself and your date of birth.
- Where can you buy a Railpass
7.1 Subject to clause 7.2, you can purchase a Railpass at all staffed Merseyrail network stations (except Chester).
7.2 You will need to provide us with a completed Adult or Young Persons Railpass Application Form at the time you purchase a Weekly Railpass, Monthly Railpass or Annual Railpass. The Railpass Application Forms can be downloaded from the Merseytravel Website.
7.3 You will need to provide us with a completed Term Time Railpass Application Form and a passport sized photograph (photocopies and photographs are not accepted) at the time you purchase your Adult or Young Persons Term Time Railpass. For the avoidance of doubt, you shall be responsible for the cost of obtaining the passport photograph to be used. The Railpass Application Form must have been signed and stamped by your school, college, university or training provider to confirm that you are in full time education, training or work-based learning. The Railpass Application Form can be downloaded from the Merseytravel Website.
7.4 Your Railpass can be purchased using cash, credit or debit card. The Merseyrail network stations will accept most major debit and credit cards (excluding American Express).
- Misuse
8.1 Merseytravel/Metro Smartcards, Apprentice Travelcards and paper format Railpasses remain the property of Merseytravel at all times.
8.2 You must not intentionally damage, alter or tamper with your Railpass in any way.
8.3 We may withdraw your Railpass, including refusing to accept the continued use of such Railpass and refusing to make it available on a Merseytravel/Metro Smartcard or Apprentice Travelcard where it has, or we have reason to suspect that it has, been misused or used for any fraudulent or improper purpose.
8.4 In serious or repeat cases of Railpass misuse or fraud, we reserve the right to commence legal proceedings if we deem it necessary.
8.5 A Merseytravel/Metro Smartcard or Apprentice Travelcard without a valid Railpass on it, or with an expired Railpass cannot be used as a Railpass.
8.6 Photographs and photocopies of a Railpass, payment receipts or email confirmations of your purchase without the Railpass shall not constitute a valid ticket for travel.
- Deactivation
9.1 If a Merseytravel/Metro Smartcard has not been used for a continuous period of 12 months, we reserve the right to deactivate the Merseytravel Smartcard, thereby preventing further Railpasses being added to it. An Apprentice Travelcard will have an expiry date printed on the card which will be 12 months from the date of application of the card. If your card is deactivated, you will need to obtain another Merseytravel/Metro Smartcard or Apprentice Travelcard (as applicable) which may incur a further activation fee in accordance with clause 6.2 above.
- Refunds
10.1 If you need to request a refund you should contact your local Rail Station or alternatively please refer to the Merseytravel Website. We can also be contacted using the contact details set out in clause 2.2.
10.2 Refund requests are, subject to surrender of the ticket, refundable in line with our refund policy. Each refund is calculated on the percentage of the ticket used in line with the relevant Railpass prices and are subject to an administration fee, the cost of which is listed on the Merseytravel Website.
10.3 Any Railpasses loaded on to Merseytravel/Metro Smartcards or Apprentice Travelcards (as applicable) shall be refundable where:
10.3.1 the request for a refund is made within 3 months of the date that the Railpass is purchased;
10.3.2 the ticket has not been partially used;
10.3.3 a valid receipt or confirmation email as proof of purchase is provided;
10.3.4 your bank or BACS details are provided to allow us to process your refund in accordance with clause 10.5. Tickets purchased online will be refunded back to the credit or debit card on which the original payment was made; and
10.3.5 the Railpass is surrendered to us with the request for a refund.
10.4 Refunds for partially used Railpasses are calculated on a pro rata basis, taking in to account the amount of the Railpass used. Any refund in accordance with this clause 10.4 shall be processed by us provided that:
10.4.1 the partially used Railpass is surrendered;
10.4.2 your bank or BACS details are provided to allow us to process your refund in accordance with clause 10.5.; and
10.4.3 a valid receipt or confirmation email as proof of purchase is submitted to us with the request for a refund.
10.5 All monies refunded to you shall be effected by way of bank transfer, BACS or refunded to the original debit or credit card used to purchase the Railpass.
- Lost/Stolen Railpasses
Railpasses are not eligible for replacement if they are lost or stolen. This clause also applies to accidental destruction of a Railpass.
- Liability
Whilst every effort has been made to ensure that the information contained in these Terms is correct, we cannot be held legally responsible for any inaccuracies or omissions in these Terms.
- Privacy Policy
The personal data you provide us in relation to the Railpass and on the Merseytravel Website is subject to our Fair Processing Notice. Please make sure you read our Fair Processing Notice so you understand how we process your personal data and our personal data practices.
- Waiver
14.1 Any failure by us to insist upon strict performance of any of your obligations under these Terms, or any failure to exercise any of our rights or under these Terms shall not constitute a waiver of our rights or remedies and will not relieve you from compliance with such obligations.
14.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
14.3 No waiver by us of any of these Terms will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
- Severability
15.1 If any provision in these Terms is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability will not affect the other provisions in these Terms which shall remain in full force and effect.
15.2 If any provision in these Terms is found to be invalid or unenforceable but would cease to be invalid or unenforceable if some part of the provision were deleted, the provision in question shall apply with such modification as may be necessary to make it valid and enforceable.
- Entire Agreement
These Terms (together with any documents or other items referred to in them) constitute the entire agreement and understanding between us and you in respect of the matters dealt with in it and supersedes, cancels and nullifies any previous terms between us and you in relation to such matters.
- Law and Jurisdiction
These Terms, and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims), shall be governed by English law. Any dispute or claim arising out of or in connection with these Terms (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
Merseytravel Saveaway Ticket Terms and Conditions of Use
1. Terms and Conditions of Use
1.1 These terms and conditions of use (“Terms”) (together with any documents or other items referred to in them) tell you how you may use your Saveaway Ticket issued by Merseytravel (“we” or “us”) when using bus, train and Mersey Ferries cross river services in and around Merseyside. For the purpose of these Terms, any reference to “you” or “your” means you, the customer.
1.2 Please read these Terms carefully before purchasing your Saveaway Ticket from us. By purchasing and using a Saveaway Ticket you accept these Terms.
1.3 These Terms were last updated in November 2020. We may amend these Terms from time to time by publishing any amendments or replacements to the Terms on our website: http://www.merseytravel.gov.uk (“Merseytravel Website”), which shall replace all previous versions published by us.
1.4 Reference in these Terms to the ‘Merseytravel Smartcard’ is a collective term and shall mean either a Metrocard or Walrus card on which your Saveaway Ticket has been added or is to be added to.
1.5 Where these Terms conflict with any other information published on the Merseytravel Website, these Terms shall have priority.
2. Who we are and how to contact us
2.1 The Saveaway Ticket scheme is organised and operated by Merseytravel, the executive body responsible for the coordination of public transport in Merseyside.
2.2 If you have questions in relation to these Terms or the Saveaway Ticket scheme, please contact us by emailing us on [email protected], writing to us at Merseytravel, PO Box 1976, Liverpool, L69 3HN, or by calling us on 0151 330 1000.
3. Where can you use the Saveaway Ticket
3.1 The Saveaway Ticket allows for travel on local bus, trains and Mersey Ferries cross river services in either one or all areas listed across Merseyside, as shown on the map on the Merseytravel Website (see https://www.merseytravel.gov.uk/tickets-and-pricing/ticket-types/saveaway-ticket/). Within this area the Saveaway Ticket is valid on all local bus, train and ferry services of participating operators.
3.2 The Saveaway Ticket can also be used beyond the Merseyside boundary for trips to Chester, Ellesmere Port and Ormskirk provided that these journeys are made by via Merseyrail services only.
3.3 Your Saveaway Ticket is not valid for use on:
3.3.1 One-off special event services, unless otherwise agreed by the participating operators;
3.3.2 Private bus, coach, rail or ferry services;
3.3.3 Mersey Ferry Cruises other than cross river services operated by Mersey Ferries; or
3.3.4 Any other services as agreed by the participating operators
3.4 You must use your Saveaway Ticket within the area(s) chosen for your journey. If you make a journey outside of the valid area(s) of your Saveaway Ticket or if your journey crosses the ticket boundary to Cheshire, Halton, Greater Manchester or Lancashire (except where stated in clause 3.2 above), that part of your journey is not covered by the Saveaway Ticket and you will be subject to additional fares from the point you leave the ticket boundary to your final destination. You are responsible for ensuring that your Saveaway Ticket covers your entire journey and where it does not, that you have purchased any additional tickets required to reach your destination before setting off.
4. Who can use a Saveaway Ticket and when
4.1 Saveaway Adult Tickets are for persons aged 19 or over.
4.2 Saveaway Young Persons’ Tickets are for persons aged 5 to 18 years inclusive.
4.3 Subject to clause 4.5, you can use a Saveaway Ticket on the dates for which it is valid and until 02:59 a.m. on the day following the expiry of the Saveaway Ticket.
4.4 You are required to specify the date you plan to use your Saveaway Ticket at the time of purchase.
4.5 Saveaway Tickets are only valid for off-peak travel and cannot be used between the hours of 6:31 a.m. and 9:29 a.m. Monday to Friday.
5. Using your Saveaway Ticket
5.1 Each time you board and alight a bus, or pass through a rail or ferry terminal, barriered or not, it counts as a separate journey.
5.2 To use a Saveaway Ticket, place the Merseytravel Smartcard on the ticket machine, show the paper ticket to the bus, rail or Mersey Ferry staff or present it at the rail gates (where available) to open them (whichever is applicable). For Mersey Ferries a separate boarding pass must be obtained on production of your Saveaway Ticket.
5.3 You must follow any of our, or the operators’, instructions when using a Saveaway Ticket when making a journey and you must let any driver or other member of staff of the operator examine your Merseytravel Smartcard or paper ticket (as the case may be) at any time during your journey if asked to do so.
5.4 Use of a Saveaway Ticket (whether a paper ticket or contained on a Merseytravel Smartcard) is only permitted by the person who initially uses the Saveaway Ticket for the journey (the “Ticketholder”). Saveaway Tickets are non-transferable and are not intended to be used by anyone other than the Ticketholder during the period of its validity. Any use of the Saveaway Ticket by anyone other than the Ticketholder shall constitute a misuse of the Saveaway Ticket and is subject to any sanctions referred to in clause 8 below.
5.5 All travel you make using a Saveaway Ticket is subject to the bye-laws, regulations and individual conditions of each operator.
6. Buying Saveaway Tickets
6.1 Prior to purchasing a Saveaway Ticket on a Smartcard, you must have obtained your Merseytravel Smartcard.
6.2 There is an initial one off activation fee for Merseytravel Smartcards, the cost of which is listed on the Merseytravel Website (subject to any activation fee increase that we may determine from time to time). The initial activation must be paid to enable any Saveaway Ticket to be loaded onto a Merseytravel Smartcard.
6.3 More than one Saveaway Ticket can be loaded on to your Merseytravel Smartcard, but multiple Saveaway Tickets cannot be used for the same date of travel.
6.4 We, our participating operators and retailers, reserve the right to refuse your purchase if you do not provide acceptable proof of age if requested at the point of sale or point of travel. Acceptance of your proof of age is at the sole discretion of us, the retailer or the transport operator. The following may be documents that can be used to prove your age: valid school ID, passport, drivers or provisional license, national ID or any other official document that contains both a photograph of yourself and your date of birth.
7. Where can you buy a Saveaway Ticket
7.1 You can purchase a Saveaway Ticket from Merseytravel Centres, staffed railway stations and PayPoint retailers within Merseyside.
8. Misuse
8.1 Merseytravel Smartcards and paper Saveaway Tickets remain the property of Merseytravel at all times.
8.2 You must not intentionally damage, alter or tamper with your Saveaway Ticket in any way.
8.3 We may withdraw your Saveaway Ticket, including refusing to accept the continued use of such Saveaway Ticket and refusing to make it available on a Merseytravel Smartcard where it has, or we have reason to suspect that it has, been misused or used for any fraudulent or improper purpose.
8.4 In serious or repeat cases of Saveaway Ticket misuse or fraud, we reserve the right to commence legal proceedings if we deem it necessary.
8.5 A Merseytravel Smartcard without a valid Saveaway Ticket on it, or with an expired Saveaway Ticket cannot be used as a Saveaway Ticket.
8.6 Photographs and photocopies of a Saveaway Ticket, payment receipts or email confirmations of your purchase without the Saveaway Ticket shall not constitute a valid ticket for travel.
9. Deactivation
If a Merseytravel Smartcard has not been used for a continuous period of 12 months, we reserve the right to deactivate the Merseytravel Smartcard, thereby preventing further Saveaway Tickets being added to it. Where this is the case, you will need to obtain another Merseytravel Smartcard which may incur a further activation fee in accordance with clause 6.2 above.
10. Refunds
We are unable to offer refunds or change your Saveaway Ticket dates after it has been purchased.
11. Lost/Stolen Saveaway Tickets
Saveaway Tickets are not eligible for replacement if they are lost or stolen. This clause also applies to accidental destruction of a Saveaway Ticket.
12. Liability
Whilst every effort has been made to ensure that the information contained in these Terms is correct, we cannot be held legally responsible for any inaccuracies or omissions in these Terms.
13. Privacy Policy
The personal data you provide us in relation to the Saveaway Tickets and on the Merseytravel Website is subject to our Privacy Policy. Please make sure you read our Privacy Policy so you understand how we process your personal data and our personal data practices.
14. Waiver
14.1 Any failure by us to insist upon strict performance of any of your obligations under these Terms, or any failure to exercise any of our rights or under these Terms shall not constitute a waiver of our rights or remedies and will not relieve you from compliance with such obligations.
14.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
14.3 No waiver by us of any of these Terms will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
15. Severability
15.1 If any provision in these Terms is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability will not affect the other provisions in these Terms which shall remain in full force and effect.
15.2 If any provision in these Terms is found to be invalid or unenforceable but would cease to be invalid or unenforceable if some part of the provision were deleted, the provision in question shall apply with such modification as may be necessary to make it valid and enforceable.
16. Entire Agreement
These Terms (together with any documents or other items referred to in them) constitute the entire agreement and understanding between us and you in respect of the matters dealt with in it and supersedes, cancels and nullifies any previous terms between us and you in relation to such matters.
17. Law and Jurisdiction
These Terms, and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims), shall be governed by English law. Any dispute or claim arising out of or in connection with these Terms (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
Merseytravel Solo Ticket Terms and Conditions of Use
1. Terms and Conditions of Use
1.1 These terms and conditions of use (“Terms”) (together with any documents or other items referred to in them) tell you how you may use your Solo Ticket issued by Merseytravel (“we” or “us”) when using bus services in and around Merseyside. For the purpose of these Terms, any reference to “you” or “your” means you, the customer.
1.2 Please read these Terms carefully before purchasing your Solo Ticket from us. By purchasing and using a Solo Ticket you accept these Terms.
1.3 These Terms were last updated in December 2020. We may amend these Terms from time to time by publishing any amendments or replacements to the Terms on our website: http://www.merseytravel.gov.uk (“Merseytravel Website”), which shall replace all previous versions published by us.
1.4 Reference in these Terms to the ‘Merseytravel Smartcard’ is a collective term and shall mean either a Metrocard or Walrus card on which your Solo Ticket has been added or is to be added to.
1.5 Where these Terms conflict with any other information published on the Merseytravel Website, these Terms shall have priority.
2. Who we are and how to contact us
2.1 The Solo Ticket scheme is organised and operated by Merseytravel, the executive body responsible for the coordination of public transport in Merseyside.
2.2 If you have questions in relation to these Terms or the Solo Ticket scheme, please contact us by emailing us on [email protected], writing to us at Merseytravel, PO Box 1976, Liverpool, L69 3HN, or by calling us on 0151 330 1000.
3. Where can you use the Solo Ticket
3.1 The Solo Ticket allows for travel on local bus services within Merseyside, as shown on the map on the Merseytravel Website (see https://www.merseytravel.gov.uk/tickets-and-pricing/ticket-types/solo-ticket/). Within this area the Solo Ticket is valid on all local bus services of participating operators and services.
3.2 Your Solo Ticket is not valid for use on:
3.2.1 one-off special event services, unless otherwise agreed by the participating bus operators;
3.2.2 private bus services or coaches; or
3.2.3 any other services as agreed by the participating bus operators.
3.3 If your journey crosses the Merseyside boundary to Cheshire, Halton, Greater Manchester or Lancashire, that part of your journey is not covered by the Solo Ticket and you will be subject to additional fares from the point you leave Merseyside to your final destination. You are responsible for ensuring that your Solo Ticket covers your entire journey and where it does not, that you have purchased any additional tickets required to reach your destination before setting off.
4. Who can use a Solo Ticket and when
4.1 Adult Solo Tickets are for persons aged 19 or over. They may be bought as tickets valid for:
4.1.1 one day (Solo Adult Day Ticket) which can be purchased in paper format or added straight to your Merseytravel Smartcard and will be valid on the day you buy it. A one day solo ticket is available on the bus from the driver;
4.1.2 bundles of 1,3 or 5 Day Solo Tickets (Solo Adult Bundle) which can be added straight to your Merseytravel Smartcard and will be valid from the day you activate it;
4.1.3 one week (Solo Adult Weekly Ticket) which can be added straight to your Merseytravel Smartcard and will be valid from the day you first use or activate it;
4.1.4 four weeks (Solo Adult 4 Weekly Ticket) which can be added straight to your Merseytravel Smartcard and will be valid from the day you first use or activate it;
4.1.5 an academic term (Solo Adult Term Time Ticket) which can be added straight to your Merseytravel Smartcard and will be valid Monday to Friday during that term, including any half term; and
4.1.6 a year (Solo Adult Annual Ticket) which can be purchased in paper format and will be valid from the day you first use it. The Solo Adult Annual Ticket will also specify its date of expiry.
4.2 Young Persons’ Solo Tickets are for persons aged 5 to 18. They may be bought as tickets valid for:
4.2.1 one week (Solo Young Person Weekly Ticket) which can be added straight to your Merseytravel Smartcard and will be valid from the day you first use or activate it;
4.2.2 four weeks (Solo Young Person 4 Weekly Ticket) which can be added straight to your Merseytravel Smartcard and will be valid from the day you activate it; and
4.2.3 an academic term (Solo Young Persons Term Time Ticket) which can be added straight to your Merseytravel Smartcard and will be valid Monday to Friday during that term, including any half term. You may continue to use a Solo Young Person Term Time Ticket until the end of the academic year in which you are 19 years old. For the avoidance of doubt, you will then be required to buy an adult ticket.
4.3 Apprentice Solo Tickets are for persons aged 19-24 who are enrolled on an apprenticeship programme of study and who live within the Liverpool City Region with an Apprentice Travelcard. Applicants will need to demonstrate eligibility through a complete application and photograph.
4.4 The Apprentice travel discount card is available from the point of purchase for 12 months, or until completion of the apprenticeship, whichever comes first. Upon completion of an apprenticeship, it is your responsibility to notify us of this as your Apprentice travel discount will no longer be valid from this point. Following receipt of this information, we will hotlist the card preventing further usage. Failure to notify us on completion of an apprenticeship shall constitute a misuse of the Solo Ticket and will be subject to any sanctions referred to in clause 8 below.
4.5 They may be bought as tickets valid for:
4.5.1 one week (Solo Apprentice Weekly Ticket) which can be added straight to your Apprentice Travelcard and will be valid from the day you first use or activate it; and
4.5.2 four weeks (Solo Apprentice 4 Weekly Ticket) which can be added straight to your Apprentice Travelcard and will be valid from the day you first use or activate it.
4.6 Subject to clause 4.7, you can only use a Solo Ticket on the dates for which it is valid and until 02:59 am on the day following the expiry of the Solo Ticket.
4.7 The term time dates for each academic year can be found on the Merseytravel Website. We recommend that you check with your school, college, academy or university to make sure that the term time dates for which the Solo Term Time Ticket will be valid are suitable for your journeys.
5. Using your Solo Ticket
5.1 Each time you board and alight a bus, it counts as a separate journey.
5.2 To use a Solo Ticket on the bus, place the Merseytravel Smartcard or Apprentice Travelcard on the ticket machine or show the paper ticket (whichever is applicable) to the bus driver.
5.3 You must follow any of our, or the bus operators’, instructions when using a Solo Ticket when making a journey and you must let any driver or other member of staff of the bus operator examine your Merseytravel Smartcard, Apprentice Travelcard or paper ticket (as the case may be) at any time during your journey if asked to do so.
5.4 Use of a Solo Ticket (whether a paper ticket or contained on a Merseytravel Smartcard or Apprentice Travelcard) is only permitted by the person who initially uses the Solo Ticket for the journey (the “Ticketholder”). Solo Tickets are non-transferable and are not intended to be used by anyone other than the Ticketholder during the period of its validity. Any use of the Solo Ticket by anyone other than the Ticketholder shall constitute a misuse of the Solo Ticket and is subject to any sanctions referred to in clause 8 below.
5.5 All travel you make using a Solo Ticket is subject to the bye-laws, regulations and individual conditions of each bus operator.
6. Buying Solo Tickets
6.1 Prior to purchasing a Solo Ticket on a Smartcard, you must have obtained your Merseytravel Smartcard or Apprentice Travelcard (as applicable).
6.2 There is an initial one off activation fee for Merseytravel Smartcards, the cost of which is listed on the Merseytravel Website (subject to any activation fee increase that we may determine from time to time). The initial activation must be paid to enable any Solo Ticket to be loaded onto a Merseytravel Smartcard.
6.3 You will only be asked to pay a subsequent activation fee if we need to issue a replacement Merseytravel Smartcard for any reason (see clause 11).
6.4 We, our participating bus operators and retailers, reserve the right to refuse your purchase if you do not provide acceptable proof of age if requested at the point of sale. Acceptance of your proof of age is at the sole discretion of us, the retailer or the bus operator. The following may be documents that can be used to prove your age: valid school ID, passport, drivers or provisional license, national ID or any other official document that contains both a photograph of yourself and your date of birth.
7. Where can you buy a Solo Ticket
7.1 You can purchase Solo Adult Day Tickets from the bus driver.
7.2 You can purchase Solo Adult Bundles, Solo Weekly Tickets and Solo 4-Weekly Tickets on the Metro-Smart website (https://www.metro-smart.org.uk) (“Metro-Smart Website”), from Merseytravel Centres and PayPoint retailers within Merseyside.
7.3 You can purchase Solo Term Time Adult and Young Persons Tickets from Merseytravel Centres or on-line through the Metro-Smart Website.
7.4 You can purchase Solo Adult Annual Tickets from any Merseytravel Centre. You will need to provide us with a passport sized photograph (photocopies and photographs are not accepted) at the time you purchase your paper Solo Adult Annual Ticket. For the avoidance of doubt, you shall be responsible for the cost of obtaining the passport photograph to be used.
7.5 The Metro-Smart Website accepts the use of most major debit and credit cards (excluding American Express) when purchasing Solo Tickets.
8. Misuse
8.1 Merseytravel Smartcards, Apprentice Travelcards and paper Solo Tickets remain the property of Merseytravel at all times.
8.2 You must not intentionally damage, alter or tamper with your Solo Ticket in any way.
8.3 We may withdraw your Solo Ticket, including refusing to accept the continued use of such Solo Ticket and refusing to make it available on a Merseytravel Smartcard or Apprentice Travelcard where it has, or we have reason to suspect that it has, been misused or used for any fraudulent or improper purpose.
8.4 In serious or repeat cases of Solo Ticket misuse or fraud, we reserve the right to commence legal proceedings if we deem it necessary.
8.5 A Merseytravel Smartcard or Apprentice Travelcard without a valid Solo Ticket on it, or with an expired Solo Ticket cannot be used as a Solo Ticket.
8.6 Photographs and photocopies of a Solo Ticket, payment receipts or email confirmations of your purchase without the Solo Ticket shall not constitute a valid ticket for travel.
9. Deactivation
If a Merseytravel Smartcard has not been used for a continuous period of 12 months, we reserve the right to deactivate the Merseytravel Smartcard, thereby preventing further Solo Tickets being added to it. An Apprentice Travelcard will have an expiry date printed on the card which will be 12 months from the date of application of the card. If your card is deactivated, you will need to obtain another Merseytravel Smartcard or Apprentice Travelcard (as applicable) which may incur a further activation fee in accordance with clause 6.2 above.
10. Refunds
10.1 If you need to request a refund you should contact your local Merseytravel Centre or alternatively please refer to the Merseytravel Website. We can also be contacted using the contact details set out in clause 2.2.
10.2 Refund requests are, subject to surrender of the ticket, refundable in line with our refund policy, a copy of which is contained on the Merseytravel Website. Each refund is calculated on the percentage of the ticket used in line with the relevant Solo Ticket prices and are subject to an administration fee, the cost of which is listed on the Merseytravel Website.
10.3 Solo Adult and Young Person 4 Weekly Tickets that are available on the Merseytravel Smartcard only and Solo Adult Annual Tickets sold as paper tickets shall be refundable where:
10.3.1 evidence of the purchase is provided in the form of a valid receipt or confirmation email as proof of purchase;
10.3.2 your bank or BACS details are provided to allow us to process your refund in accordance with clause 10.7. Tickets purchased online will be refunded back to the credit or debit card on which the original payment was made; and
10.3.3 the Solo Ticket is surrendered to us with the request for a refund.
10.4 Any Solo Tickets loaded on to Merseytravel Smartcards or Apprentice Travelcards (as applicable) shall be refundable where:
10.4.1 the request for a refund is made within 3 months of the date that the Solo Ticket is purchased;
10.4.2 the ticket has not been partially used;
10.4.3 a valid receipt or confirmation email as proof of purchase is provided;
10.4.4 your bank or BACS details are provided to allow us to process your refund in accordance with clause 10.7. Tickets purchased online will be refunded back to the original debit or credit card on which the original payment was made; and
10.4.5 the Merseytravel Smartcard with the Solo Ticket is surrendered to us with the request for a refund.
10.5 A Solo Ticket will be considered unused even if it has been activated on a Merseytravel Smartcard or Apprentice Travelcard if you have not used it to make any journeys.
10.6 Refunds for partially used Solo Tickets are calculated on a pro rata basis, taking in to account the amount of the Solo Ticket used. Any refund in accordance with this clause 10.6 shall be processed by us provided that:
10.6.1 the partially used Solo Ticket is surrendered;
10.6.2 your bank or BACS details are provided to allow us to process your refund in accordance with clause 10.7. Tickets purchased online will be refunded back to the original debit or credit card on which the original payment was made; and
10.6.3 a valid receipt is submitted to us with the request for a refund.
10.7 All monies refunded to you shall be effected by way of bank transfer, BACS or refunded to the original debit or credit card used to purchase the Solo Ticket.
11. Lost/Stolen Solo Tickets
11.1 You can report this by phone 0151 330 1000 or by visiting a Merseytravel Centre or by email to [email protected] . Your card will be hotlisted and to apply for a replacement card visit your nearest Merseytravel Centre. If you have more than one week left on your card you may be able to have this replaced at the Merseytravel centre, please take your proof of purchase or confirmation email. You will need to pay £1 for a new card.
11.2 In cases of lost or stolen annual Solo tickets, a replacement ticket can be issued providing the customer provides evidence of the purchase. A replacement annual Solo ticket can be provided on one occasion only and the customer must provide 2 photographs. For replacement tickets, an admin charge will be levied. We can replace a ticket once every 5 years.
12. Liability
Whilst every effort has been made to ensure that the information contained in these Terms is correct, we cannot be held legally responsible for any inaccuracies or omissions in these Terms.
13. Privacy Policy
The personal data you provide us in relation to the Solo Tickets and on the Merseytravel Website is subject to our Privacy Policy. Please make sure you read our Privacy Policy so you understand how we process your personal data and our personal data practices.
14. Waiver
14.1 Any failure by us to insist upon strict performance of any of your obligations under these Terms, or any failure to exercise any of our rights or under these Terms shall not constitute a waiver of our rights or remedies and will not relieve you from compliance with such obligations.
14.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
14.3 No waiver by us of any of these Terms will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
15. Severability
15.1 If any provision in these Terms is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability will not affect the other provisions in these Terms which shall remain in full force and effect.
15.2 If any provision in these Terms is found to be invalid or unenforceable but would cease to be invalid or unenforceable if some part of the provision were deleted, the provision in question shall apply with such modification as may be necessary to make it valid and enforceable.
16. Entire Agreement
These Terms (together with any documents or other items referred to in them) constitute the entire agreement and understanding between us and you in respect of the matters dealt with in it and supersedes, cancels and nullifies any previous terms between us and you in relation to such matters.
17. Law and Jurisdiction
These Terms, and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims), shall be governed by English law. Any dispute or claim arising out of or in connection with these Terms (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
Merseytravel Trio Tickets Terms and Conditions of Use
1. Terms and Conditions of Use
1.1 These terms and conditions of use (“Terms”) (together with any documents or other items referred to in them) tell you how you may use your Trio Ticket issued by Merseytravel (“we” or “us”) when using bus, train and Mersey Ferries cross river services in and around Merseyside. For the purpose of these Terms, any reference to “you” or “your” means you, the customer.
1.2 Please read these Terms carefully before purchasing your Trio Ticket from us. By purchasing and using a Trio Ticket you accept these Terms.
1.3 These Terms were last updated in November 2020. We may amend these Terms from time to time by publishing any amendments or replacements to the Terms on our website: http://www.merseytravel.gov.uk (“Merseytravel Website”), which shall replace all previous versions published by us.
1.4 Where these Terms conflict with any other information published on the Merseytravel Website, these Terms shall have priority.
2. Who we are and how to contact us
2.1 The Trio Ticket scheme is organised and operated by Merseytravel, the executive body responsible for the coordination of public transport in Merseyside.
2.2 If you have questions in relation to these Terms or the Trio Ticket scheme, please contact us by emailing us on [email protected], writing to us at Merseytravel, PO Box 1976, Liverpool, L69 3HN, or by calling us on 0151 330 1000.
3. Where can you use the Trio Ticket
3.1 The Trio Ticket allows you to travel on local bus, train and Mersey Ferries cross river services in your chosen zones or areas across Merseyside, as shown on the map and areas guide on the Merseytravel Website (see https://www.merseytravel.gov.uk/tickets-and-pricing/ticket-types/trio-ticket/).
3.2 Your Trio Ticket is not valid for use on:
3.2.1 one-off special event services, unless otherwise agreed by the participating operators;
3.2.2 private bus, coach or rail services;
3.2.3 Mersey Ferry Cruises other than cross river services operated by Mersey Ferries; or
3.2.4 any other services as agreed by the participating operators.
3.3 If your journey crosses the ticket boundary to Cheshire, Halton, Greater Manchester or Lancashire, or your journey includes travel in to zones or areas outside of those covered by your Trio Ticket, that part of your journey is not covered by the Trio Ticket and you will be subject to additional fares from the point you leave the ticket boundary to your final destination. You are responsible for ensuring that your Trio Ticket covers your entire journey and where it does not, that you have purchased any additional tickets required to reach your destination before setting off.
4. Who can use a Trio Ticket and when
4.1 Trio Tickets are sold in paper format.
4.2 Adult Trio Tickets are for persons aged 19 or over. They may be bought as tickets valid for:
4.2.1 one week (Trio Adult Weekly Ticket) which will be valid from the day you first use it;
4.2.2 monthly (Trio Adult Monthly Ticket) which will be valid from the day you first use it;
4.2.3 an academic term (Trio Adult Term Time Ticket) which will be valid until 8 p.m. Monday to Friday during that term, excluding any half term; and
4.2.4 a year (Trio Adult Annual Ticket) which will be valid from the day you first use it.
4.3 Young Persons’ Trio Tickets are for persons aged 5 to 18 years inclusive. They may be bought as tickets valid for:
4.3.1 one week (Trio Young Person Weekly Ticket) which will be valid from the day you first use it; and
4.3.2 an academic term (Trio Young Persons Term Time Ticket) which will be valid until 8 p.m. Monday to Friday during that term, excluding any half term. You may continue to use a Trio Young Person Term Time Ticket until the end of the academic year in which you are 19 from which point you must buy an adult ticket.
4.4 Subject to clause 4.5, you can only use a Trio Ticket on the dates for which it is valid and until 02:59 am on the day following the expiry of the Trio Ticket.
4.5 The term time dates for each academic year can be found on the Merseytravel Website. We recommend that you check with your school, college, academy or university to make sure that the term time dates for which the Trio Term Time Ticket will be valid are suitable for your journeys.
5. Using your Trio Ticket
5.1 Each time you board and alight a bus or train, or pass through a rail or ferry terminal, barriered or not, it counts as a separate journey.
5.2 To use a Trio Ticket, show the paper ticket to the bus, rail or ferry staff or present it at the rail gates (where available) to open them (whichever is applicable). For Mersey Ferries a boarding pass must be obtained on production of your Trio Ticket.
5.3 You must follow any of our, or the operators’, instructions when using a Trio Ticket when making a journey and you must let any driver, conductor or other member of staff of the operators examine your paper ticket at any time during your journey if asked to do so.
5.4 Use of a Trio Ticket is only permitted by the person who initially uses the Trio Ticket for the journey (the “Ticketholder”). Trio Tickets are non-transferable and are not intended to be used by anyone other than the Ticketholder during the period of its validity. Any use of the Trio Ticket by anyone other than the Ticketholder shall constitute a misuse of the Trio Ticket and is subject to any sanctions referred to in clause 7 below.
5.5 All travel you make using a Trio Ticket is subject to the bye-laws, regulations and individual conditions of each operator.
6. Where can you buy a Trio Ticket
6.1 Subject to clause 6.2, you can purchase your Trio Ticket from a Merseytravel Centre or any staffed Rail station within Merseyside.
6.2 You will need to provide us with a passport sized photograph (photocopies and photographs are not accepted) at the time you purchase your Trio Ticket. For the avoidance of doubt, you shall be responsible for the cost of obtaining the passport photograph to be used.
6.3 If you are purchasing a Trio Adult or Young Person Term Time Ticket, you are also required to complete the Term Time Ticket Application which can be downloaded from the Merseytravel Website. An Adult Term Time Ticket Application will need to be stamped by your school, college, university or training provider to confirm that you are in full time education, training or work-based learning.
6.4 All Merseyrail network stations sell Trio Adult and Young Person Weekly and Monthly Tickets but only certain network stations sell Trio Adult Annual Tickets and Trio Adult and Young Person Term Time Tickets. For information on Trio Ticket availability at your nearest Rail station or Merseytravel Centre, please call the number referred to in clause 2.2 above.
6.5 We, our participating operators and retailers, reserve the right to refuse your purchase if you do not provide acceptable proof of age if requested at the point of sale. Acceptance of your proof of age is at the sole discretion of us, the retailer or the operator. The following may be documents that can be used to prove your age: valid school ID, passport, drivers or provisional license, national ID or any other official document that contains both a photograph of yourself and your date of birth.
6.6 Your Trio Ticket can be purchased using cash, credit or debit card. Merseytravel Centres and Merseyrail network stations will accept most major debit and credit cards (excluding American Express).
7. Misuse
7.1 Trio Tickets remain the property of Merseytravel at all times.
7.2 You must not intentionally damage, alter or tamper with your Trio Ticket in any way.
7.3 We may withdraw your Trio Ticket, including refusing to accept the continued use of such Trio Ticket where it has, or we have reason to suspect that it has, been misused or used for any fraudulent or improper purpose.
7.4 In serious or repeat cases of Trio Ticket misuse or fraud, we reserve the right to commence legal proceedings if we deem it necessary.
7.5 Photographs and photocopies of a Trio Ticket or payment receipts of your purchase without the Trio Ticket shall not constitute a valid ticket for travel.
8. Refunds
8.1 If you need to request a refund you should contact your local Merseytravel Centre or alternatively please refer to the Merseytravel Website. We can also be contacted using the contact details set out in clause 2.2.
8.2 Refund requests are, subject to surrender of the ticket, refundable in line with our refund policy, a copy of which is contained on the Merseytravel Website. Each refund is calculated on the percentage of the ticket used in line with the relevant Trio Ticket prices and are subject to an administration fee, the cost of which is listed on the Merseytravel Website.
8.3 Trio Tickets (excluding Trio Weekly Tickets) shall be refundable where:
8.3.1 evidence of the purchase is provided in the form of a valid receipt;
8.3.2 your bank or BACS details are provided to allow us to process your refund in accordance with clause 8.5. Tickets purchased online will be refunded back to the credit or debit card on which the original payment was made; and
8.3.3 the Trio Ticket is surrendered to us with the request for a refund.
8.4 Refunds for partially used Trio Tickets (excluding Trio Weekly Tickets) are calculated on a pro rata basis, taking in to account the amount of the Trio Ticket used. Any refund in accordance with this clause 8.4 shall be processed by us provided that:
8.4.1 the partially used Trio Ticket is surrendered;
8.4.2 your bank or BACS details are provided to allow us to process your refund in accordance with clause 8.5. Tickets purchased online will be refunded back to the credit or debit card on which the original payment was made; and
8.4.3 a valid receipt is submitted to us with the request for a refund.
8.5 All monies refunded to you shall be effected by way of bank transfer, BACS or refunded to the original debit or card used to purchase the Trio Ticket.
9. Lost/Stolen Trio Tickets
In cases of lost or stolen Trio term time or annual tickets, a replacement ticket can be issued providing the customer provides evidence of the purchase. A replacement Trio ticket can be provided on one occasion only and the customer must provide 2 photographs. For replacement tickets, an admin charge of £5 will be levied. We can replace a ticket once every 5 years.
10. Renewing your Trio Ticket
10.1 Trio Tickets can be renewed at any Merseytravel Centre or Merseyrail station.
10.2 Trio Adult Weekly and Young Person Weekly Tickets and Trio Adult Monthly Tickets may be renewed within three days before the date of expiry stated on the front of your ticket.
10.3 Trio Adult Annual Tickets may be renewed up to seven days prior to the date of expiry stated on the front of your ticket.
10.4 Trio Adult and Young Person Term Time Tickets may be renewed before the start of term time.
11. Liability
Whilst every effort has been made to ensure that the information contained in these Terms is correct, we cannot be held legally responsible for any inaccuracies or omissions in these Terms.
12. Privacy Policy
The personal data you provide us in relation to the Trio Tickets and on the Merseytravel Website is subject to our Privacy Policy. Please make sure you read our Privacy Policy so you understand how we process your personal data and our personal data practices.
13. Waiver
13.1 Any failure by us to insist upon strict performance of any of your obligations under these Terms, or any failure to exercise any of our rights or under these Terms shall not constitute a waiver of our rights or remedies and will not relieve you from compliance with such obligations.
13.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
13.3 No waiver by us of any of these Terms will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
14. Severability
14.1 If any provision in these Terms is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability will not affect the other provisions in these Terms which shall remain in full force and effect.
14.2 If any provision in these Terms is found to be invalid or unenforceable but would cease to be invalid or unenforceable if some part of the provision were deleted, the provision in question shall apply with such modification as may be necessary to make it valid and enforceable.
15. Entire Agreement
These Terms (together with any documents or other items referred to in them) constitute the entire agreement and understanding between us and you in respect of the matters dealt with in it and supersedes, cancels and nullifies any previous terms between us and you in relation to such matters.
16. Law and Jurisdiction
These Terms, and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims), shall be governed by English law. Any dispute or claim arising out of or in connection with these Terms (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
Merseytravel My Ticket Terms and Conditions of Use
1. Terms and Conditions of Use
1.1 These terms and conditions of use (“Terms”) (together with any documents or other items referred to in them) tell you how you may use your My Ticket issued by Merseytravel (“we” or “us”) when using bus services in and around Merseyside. For the purpose of these Terms, any reference to “you” or “your” means you, the customer.
1.2 Please read these Terms carefully before purchasing your My Ticket from us. By purchasing and using a My Ticket you accept these Terms.
1.3 These Terms were last updated in November 2020. We may amend these Terms from time to time by publishing any amendments or replacements to the Terms on our website: http://www.merseytravel.gov.uk (“Merseytravel Website”), which shall replace all previous versions published by us.
1.4 Where these Terms conflict with any other information published on the Merseytravel Website, these Terms shall have priority.
2. Who we are and how to contact us
2.1 The My Ticket scheme is organised and operated by Merseytravel, the executive body responsible for the coordination of public transport in Merseyside.
2.2 If you have questions in relation to these Terms or the My Ticket scheme, please contact us by emailing us on [email protected], writing to us at Merseytravel, PO Box 1976, Liverpool, L69 3HN, or by calling us on 0151 330 1000.
3. Where can you use the My Ticket
3.1 The My Ticket allows for travel on local bus services within Merseyside and Halton, as shown on the map on the Merseytravel Website (see https://www.merseytravel.gov.uk/tickets-and-pricing/ticket-types/my-ticket/). Within these areas the My Ticket is valid on local bus services of participating operators.
3.2 Your My Ticket is not valid for use on:
3.2.1 One-off special event services, unless otherwise agreed by the participating bus operators;
3.2.2 Private bus services or coaches; or
3.2.3 any other services as agreed by the participating bus operators.
3.3 If your journey crosses outside the designated ticket boundary to Cheshire, Greater Manchester or Lancashire, that part of your journey is not covered by the My Ticket and you will be subject to additional fares from the point you leave the ticketed area to your final destination. You are responsible for ensuring that your My Ticket covers your entire journey and where it does not, that you have purchased any additional tickets required to reach your destination before setting off.
4. Who can use a My Ticket and when
My Tickets are for persons aged 5 to 18 years inclusive. Your My Ticket will be valid from when you buy it up until 02:59 a.m. on the day following the expiry of the My Ticket. Your My Ticket will have the expiry date printed on it
5. Using your My Ticket
5.1 Each time you board and alight a bus, it counts as a separate journey.
5.2 To use a My Ticket, show your ticket to the bus driver when boarding the service or scan the ticket on the Ticket Machine if required to do so.
5.3 You must follow any of our, or the bus operators’, instructions when using a My Ticket for making a journey and you must let any driver or other member of staff of the bus operator examine your ticket at any time during your journey if asked to do so.
5.4 Use of a My Ticket is only permitted by the person who initially uses the My Ticket for the journey (the “Ticketholder”). My Tickets are non-transferable and are not intended to be used by anyone other than the Ticketholder during the period of its validity. Any use of the My Ticket by anyone other than the Ticketholder shall constitute a misuse of the My Ticket and is subject to any sanctions referred to in clause 7 below.
5.5 All travel you make using a My Ticket is subject to the bye-laws, regulations and individual conditions of each bus operator.
6. Buying My Tickets
6.1 My Tickets are purchased from the bus driver on participating bus services.
6.2 The bus operators reserve the right to refuse your purchase if you do not provide acceptable proof of age if requested at the point of sale. Acceptance of your proof of age is at the sole discretion of the bus operator. The following may be documents that can be used to prove your age: valid school ID, passport, drivers or provisional license, national ID or any other official document that contains both a photograph of yourself and your date of birth.
7. Misuse
7.1 My Tickets remain the property of Merseytravel at all times.
7.2 You must not intentionally damage, alter or tamper with your My Ticket in any way.
7.3 We may withdraw your My Ticket, including refusing to accept the continued use of such My Ticket where it has, or we have reason to suspect that it has, been misused or used for any fraudulent or improper purpose.
7.4 In serious or repeat cases of My Ticket misuse or fraud, we reserve the right to commence legal proceedings if we deem it necessary.
7.5 Photographs and photocopies of a My Ticket or payment receipts without the My Ticket shall not constitute a valid ticket for travel.
8. Refunds
My Ticket purchases cannot be refunded.
9. Lost/Stolen My Tickets
My Tickets are not eligible for replacement if they are lost or stolen. This clause 9 also applies to accidental destruction of a My Ticket.
10. Liability
Whilst every effort has been made to ensure that the information contained in these Terms is correct, we cannot be held legally responsible for any inaccuracies or omissions in these Terms.
11. Privacy Policy
The personal data you provide us in relation to the My Tickets and on the Merseytravel Website is subject to our Privacy Policy. Please make sure you read our Privacy Policy so you understand how we process your personal data and our personal data practices.
12. Waiver
12.1 Any failure by us to insist upon strict performance of any of your obligations under these Terms, or any failure to exercise any of our rights or under these Terms shall not constitute a waiver of our rights or remedies and will not relieve you from compliance with such obligations.
12.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
12.3 No waiver by us of any of these Terms will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
13. Severability
13.1 If any provision in these Terms is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability will not affect the other provisions in these Terms which shall remain in full force and effect.
13.2 If any provision in these Terms is found to be invalid or unenforceable but would cease to be invalid or unenforceable if some part of the provision were deleted, the provision in question shall apply with such modification as may be necessary to make it valid and enforceable.
14. Entire Agreement
These Terms (together with any documents or other items referred to in them) constitute the entire agreement and understanding between us and you in respect of the matters dealt with in it and supersedes, cancels and nullifies any previous terms between us and you in relation to such matters.
15. Law and Jurisdiction
These Terms, and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims), shall be governed by English law. Any dispute or claim arising out of or in connection with these Terms (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
The Over 60s Travel Pass is valid on local buses within the Merseyside boundary, on the Merseyrail network (City, Wirral and Northern lines within Merseyside and as far as Chester, Ellesmere Port and Ormskirk) and on the Mersey Ferries for single river crossings (not River Explorer or Special Cruises). You cannot use the pass on coach excursions, special bus services, excursions, National Express or Merseylink.
The English National Concessionary Travel Pass for Merseyside residents is valid on local buses within the Merseyside boundary, on the Merseyrail network (City, Wirral and Northern lines within Merseyside and as far as Chester, Ellesmere Port and Ormskirk) and on the Mersey Ferries for single river crossings (not River Explorer or Special Cruises) plus local bus services anywhere in England (not Scotland or Wales). You cannot use the pass on coach excursions, special bus services, excursions, National Express or Merseylink.
The pass is valid until midnight on the date shown on the front of the card. It can be used Mondays to Fridays for journeys before 6.30am and after 9.30am and at anytime on Saturdays, Sundays and bank holidays.
You must present your travel pass for each journey. It is not transferable and is issued subject to the bye-laws, regulations and conditions of each company on whose vehicles, vessels and premises it is used. Misuse may lead to prosecution.
The Disabled Person's Travel Pass for Merseyside residents is valid on local buses within the Merseyside boundary, on the Merseyrail network (City, Wirral and Northern lines within Merseyside and as far as Chester, Ellesmere Port and Ormskirk) and on the Mersey Ferries for single river crossings (not River Explorer or Special Cruises) plus local bus services anywhere in England (not Scotland or Wales). You cannot use the pass on coach excursions, special bus services, excursions, National Express or Merseylink.
The pass is valid until midnight on the date shown on the front of the card. It can be used at all times in the Merseyside area. For other areas, check local terms and conditions.
You must present your travel pass for each journey. It is not transferable and is issued subject to the bye-laws, regulations and conditions of each company on whose vehicles, vessels and premises it is used. Misuse may lead to prosecution.
If you have any queries about your Travel Pass, please ring Merseytravel on 0151 330 1000.
Mersey Tunnels T-FLOW - Scheme Terms of Agreement
- Definitions
- T-FLOW – Mersey Tunnels Pre-Pay account for Pay by Plate video tolling scheme
- Account Holder – means the individual responsible for management of the T-FLOW account
- Application – means the formal application process followed by the Account Holder
- Account – means the account set up for the operation of electronic tolling / pay by plate through Mersey Tunnels T-FLOW Scheme for the Account Holder
- ANPR – means automatic number plate recognition technology utilised by Mersey Tunnels.
- Liverpool City Region – means the districts of Halton, Knowsley, Liverpool, Sefton, St Helen’s and Wirral
- VRM – means the vehicle registration mark(s) linked to the account for toll payment
- Merseytravel – means Merseytravel, the operator of the Mersey Tunnels, No 1 Mann Island, Liverpool, L3 1BP as well as its employees, agents, sub-contractors and assignees
- Toll Barrier – means the Mersey Tunnels toll barrier at Birkenhead and Wallasey toll plazas
- Resident Concession – means the discount available, upon application, to eligible residents of the Liverpool City Region
- User – means the vehicle VRM / or user of the T-FLOW scheme registered by the T-FLOW Account Holder.
- Vehicle Classification – means the toll class charged for the vehicle classified by the weight, size and number of axles
- SORN – means Statutory Off-Road Notification with DVLA
- General Conditions
This agreement should be read in conjunction with the information contained within the Application pack/welcome pack
This agreement, together with the Application, shall form a binding legal agreement between you and the Merseytravel which shall take effect upon receipt of your Application by Merseytravel.
Merseytravel reserves the right to refuse any incomplete Application. If we are unable to accept your Application, we will inform you of this in writing and refund any payments made to us in advance in full.
Once the Account is open Users can start to make journeys on the vehicles (VRM) registered.
It is the User(s) responsibility to ensure that they do not proceed through the Toll Barrier on another vehicle’s toll payment.
It is the T-FLOW Account Holder’s responsibility to ensure that the Account has appropriate funds to operate the Toll Barrier.
It is the Account Holder’s responsibility to register the correct VRM number against each User(s) on the Account and notify Merseytravel immediately if they sell that vehicle. For foreign licence plates the Account Holder must provide Merseytravel with the correct VRM and country code, failure to do so may result in passage being refused.
Upon registering a vehicle to the Account, the VRM will be checked against DVLA Open Source data to establish the Vehicle Classification. In doing so you confirm that the information is true to the best of your knowledge and it is the Account Holder’s responsibility to inform us immediately of any error or change.
If you change your vehicle, or it is stolen, or you wish to declare the vehicle as SORN you may report this online via the Mersey Tunnels website www.merseytunnels.co.uk or by phoning our Customer Services team on 0151 330 1004 or by email to [email protected] The User/VRM will be blocked to prevent unauthorised usage.
Customers have the option to open a personal or business T-FLOW Account. A VRM can be linked to only one T-FLOW Account. Personal accounts are restricted to a maximum of 4 Users.
If Merseytravel identifies a duplicate VRM, we reserve the right to block the User. Merseytravel reserve the right to refuse travel on an incorrect, blocked or duplicate VRM and the appropriate toll fee will need to be paid by other means.
The T-FLOW system and the ANPR camera technology used to read the VRM has been configured to read VRM’s that conform to The Road Vehicles (Display of Registration Marks) Regulations (as appropriate).
These regulations govern how vehicle registration mark plates are designed, manufactured and displayed.
An alternative reference source relating to these regulations can be found at www.gov.uk/displaying-number-plates.
You could be subject to prosecution and fine and your vehicle will fail its MOT test if you drive with incorrectly displayed number plates. In some cases, the registration number may be permanently withdrawn.
In addition to the above, the condition, make-up of your number plate, and the fixings placed where they are, may result in your VRM plate not being compatible with the T-Flow system. You cannot rearrange or misrepresent the numbers and letters on a number plate to form names or words, so that they are hard to read.
If the specification required by DVLA are not followed or, the condition, make-up, and fixings of your VRM are not be able to be read and verified by the ANPR, they are not compatible with the T-Flow system. Examples of this include, but are not limited to:
- delamination of a VRM
- screw fitting which obscure a VRM or are in a position that could alter how a character looks
- non-reflective plates
- damage due to wear and tear
- cracked plates
In such circumstances, there is no guarantee that your VRM will be read by the ANPR camera located in the toll lane and verified on the ANPR system. VRM that do not conform to DVLA specifications or that are unable to be read by the ANPR system are not suitable for the TFLOW scheme.
Use of VRM that do not comply with DVLA specifications, or that may otherwise be unable to be read by the toll lane ANPR may result in the suspension or closure of an Account in accordance with clause 9. Merseytravel accepts no responsibility or liability in the event a VRM plate is not suitable for the T-Flow System.
The User shall ensure the Account is not being used fraudulently or for any fraudulent or illegal purposes. Merseytravel reserves the right to terminate this agreement and close the Account in accordance with clause 9 if we reasonably believe an Account is being used fraudulently or for illegal purposes. Further, Merseytravel reserves the right to report and inform UK law enforcement authorities where we reasonable consider that fraud or illegal activities may be taking place.
- Merseytravel Obligations
In processing your Application and administering your Account, Merseytravel will take reasonable measures to ensure services are carried out using reasonable skill and care.
There may be occasions when we must suspend your T-Flow Account or User(s) on the Account to deal with technical problems or make minor technical changes or to make updates to reflect any changes in relevant laws or comply with any regulatory requirements placed upon Merseytravel.
We will contact you in advance to tell you we are suspending the Account unless the problem is urgent or an emergency.
You may contact us to end the contract if we suspend your account, or tell you that we are going to suspend it, in each case for a period of more than 7 days, and we will refund any sums that have been paid to Merseytravel in advance.
- Payment
Upon opening the Account and commencement of this agreement, the Account Holder shall make an initial payment to ensure a credit balance is available for Users to travel through the Mersey Tunnels.
The Account Holder shall make future payments to their Account in advance, by monthly Direct Debit or online top up using a debit or credit card via the Mersey Tunnels website.
Merseytravel accept payment by all major debit or credit cards (excluding AMEX)
In the event a payment is unsuccessful, the Account will not be credited, this may result in the Account having insufficient funds. It is the Account Holder’s responsibility to ensure payments are successfully processed.
If there are insufficient funds to cover the toll fee the Account will cease to work at the toll barrier until funds are added. It is the User’s responsibility to ensure the Account has the required funds available to operate the Toll Barrier. If insufficient credit is available, the toll fee will need to be made by alternative payment method such as cash or by debit or credit card.
- Resident Concession
Under the terms of the agreement, if you are a resident of the Liverpool City Region, an Account Holder has the right to make an Application for the Resident Concession to be applied to a User of the Account
To be eligible for the Resident Concession, the Account Holder must be able to provide evidence that a User meets the following criteria:
The User must be registered as living in a property in one of the districts of the Liverpool City Region; and
- The vehicle used must be registered in one of the districts of the Liverpool City Region
- The vehicle / VRM must be classified as class 1 as defined by our Vehicle Classification process (see section 2 General Conditions)
The Resident Concession is only available for personal use. Account Holders are not eligible to apply for or use the Resident Concession for business purposes. Personal accounts are restricted to a maximum of 4 Users.
Misuse of the concession may lead to prosecution.
The Resident Concession is provided at our sole discretion and we reserve the right to withdraw this concession at any time.
By applying for the Resident Concession, you confirm that the information that you provide is true and to the best of your knowledge. If this information changes, for any reason, you must notify us immediately.
Please be advised that we may use agencies to verify and confirm your identity and residence.
- Changes
Merseytravel may, at any time, make minor changes (unlikely to affect your use of them) to the Account or Toll barrier and these terms in order to;
- to reflect changes in the law or regulatory requirements; and
- to implement minor technical adjustments and improvements (for example to address a security issue)
Merseytravel may, at any time, make more significant changes to the Account, Toll barrier and these terms, if we do so we will notify you and you may then contact us to end the contract before these changes take effect and receive a refund of any monies paid.
- Default
In the unlikely event that there is any defect in any aspect of service provided under this agreement;
- Please contact us and tell us as soon as reasonable possible; and
- Please give us reasonable opportunity to repair or fix any defect
We will use every effort to repair or fix the defect as soon as is reasonably practicable, and in any event, within 7 days.
You will not have to pay Merseytravel to repair or fix the defect under this clause, unless, arising from a breach of this agreement on the part of the Account Holder or User(s) or a failure in accordance with the general conditions.
If you have any questions or complaints please contact us, you can do so by telephone to our Customer Service team on 0151 330 1004 or by email to [email protected] or in writing by post to Merseytravel, PO Box 1976, Liverpool, L69 3HN.
As a consumer, you have legal rights in relation to this agreement where it is not carried out with any reasonable skill and care, or if the materials Merseytravel use are faulty. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards Office. Nothing in these terms will affect those legal rights.
- Liability
Merseytravel is responsible to you for foreseeable loss and damage caused by our default or negligence. 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 this contract or our failing to use reasonable skill and care, 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.
Merseytravel does not exclude, or limit in any way, our liability to you where it might be unlawful to do so. This includes liability for death or personal injury caused by our negligence; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the scheme within the Consumer Rights Act 2015.
Merseytravel is responsible for making good any damage to your property directly caused by us under this agreement which arises from our default or negligence; however, Merseytravel accepts no liability for any loss or damage to property howsoever arising unless the loss or damage is caused directly by the default or negligence of Merseytravel.
Merseytravel accepts no liability for business losses and we shall have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity or any indirect or consequential loss arising from this agreement.
Merseytravel accepts no liability for losses arising from incorrectly entered VRM.
- Terminating or ending this agreement
You may contact us at any time to end the contract or close your Account, but in some circumstances, we may charge you certain sums for doing so.
You have the legal right to end the contract immediately as above, the contract will not end until 28 days after the day which you contact us requesting to leave the T-FLOW scheme. We will refund any payments you have made to your Account.
If you are ending the agreement for a reason set out below, the agreement will end immediately, and we will refund you in full for any balance outstanding on your Account;
- We have told you about an upcoming change to the service or these terms which you do not agree to;
- We have told you about an error or price and you do not wish to proceed;
- There are significant delays because of events outside of our control; or
- We suspend services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 7 days;
Merseytravel may end the agreement at any time by writing to you if;
- If you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services or
- We discover the Account is being misused in contravention to the terms of this agreement
- Any other material breach of the terms of this agreement
We may stop providing the service at any time. We will write to you to let you know that we are going to stop providing the service, at least 14 days in advance of stopping the services and will refund any sums you have paid into your Account
- Assignment
You shall not transfer your rights or obligations under this agreement without our written consent. We may not agree to this, and in most cases, we are unable to transfer or assign the Account to another person or third party.
We may transfer our rights and obligations to another organisation if required (such as a requirement due to change in law or governance) however, we will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under this agreement
- Waiver
Even if we delay in enforcing any terms of this agreement it shall not prevent us from enforcing the terms later and shall not be deemed to mean those terms will cease to have effect nor be a waiver of any subsequent breach.
- Data Protection
Merseytravel is committed to processing your personal information in a clear and transparent way. Merseytravel shall at all times comply with the Data Protection Act 2018 and any other relevant legislation in relation to the use of personal data. The Fair Processing Notice in respect of the scheme details how your data is handled and can be found using the link below
https://www.merseytravel.gov.uk/about/fair-processing-notices/
- Force Majeure
Merseytravel shall not be liable for failure to perform its obligations under this Agreement if such failure results from circumstances beyond Merseytravel’s reasonable control
- Severability
Each of the paragraphs within this agreement operates separately. If any part of this agreement is or becomes illegal void or invalid that shall not affect the other provisions of this agreement which shall remain in full force and effect.
- Third Party Rights
This agreement is between you and Merseytravel. Nothing in this agreement shall allow any other person or third party any benefit of any kind or any right to enforce the terms of this agreement.
- Law
Any dispute or claim arising out of or in connection with a contract between us 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 and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
- DEFINITIONS
‘T-FLOW’ The video tolling scheme used to administer Mersey Tunnels Concessionary Travel Scheme.
‘Account Holder’ means the holder of the Concessionary T-FLOW Account.
‘Application’ means the formal application for membership to the Mersey Tunnels Concessionary Travel T-FLOW scheme, completed by you or completed on your behalf.
‘Account’ means the account set up for the operation of your Mersey Tunnels T-FLOW Concession
VRN means the Vehicle Registration Number assigned to your T-Flow Account
‘Merseytravel’ means Merseytravel (the operators of the Mersey Tunnels) of No 1 Mann Island Liverpool L3 1BP as well as its employees, agents subcontractors and assignees
‘Toll Barrier’ means the Mersey Tunnels toll barrier operating at the Birkenhead and Wallasey Toll plazas
‘User’ means the user/VRN of the T-Flow concessionary Account
Vehicle Classification – means the toll class charged for the vehicle, classified by weight, size and number of vehicles
SORN means Statutory Off-Road Notification with DVLA
- GENERAL CONDITIONS
(a) This Agreement should be read in conjunction with the information contained within the Mersey Tunnels T-FLOW Concessionary travel Application pack.
(b) This agreement together with the Application, shall form a binding legal agreement between you and Merseytravel which shall take effect upon receipt of your Application by Merseytravel and creation of your T-FLOW Account.
(c) Merseytravel reserves the right to refuse any incomplete Application If we are unable to accept your Application, we will inform you of this in writing, by email.
(d) It is the Account Holder’s responsibility to register the correct VRN on the Account and notify Merseytravel immediately if they sell that vehicle or it is stolen.
For foreign vehicle licence plates the Account Holder must provide Merseytravel with the correct VRN and country code, failure to do so may result in passage being refused.
Upon registering the vehicle to the Account the VRN will be checked against DVLA open source data to establish the vehicle classification. In doing so you confirm the information as true to the best of your knowledge
It is the Account Holder’s responsibility to inform us immediately of any error or change
If you change your vehicle, or it is stolen, or you wish to declare it as SORN you may do so online via our website www.merseytunnels.co.uk or by phoning the customer service team on 0151 330 1004 or by email [email protected] the VRN will then be blocked to prevent any unauthorised usage.
A VRN can be linked to only one T-FLOW Account. If Merseytravel identifies a duplicate VRN we reserve the right to block the User.
Merseytravel reserve the right to refuse travel on an incorrect, blocked or duplicate VRN and the appropriate toll fee will need to be paid by other means such as cash or debit/credit card.
(e) It is the User’s responsibility to ensure that they do not proceed through the Toll Barrier on another vehicles toll payment.
(f) The User shall ensure that the T-FLOW concession is not used fraudulently or illegally, or for any fraudulent or illegal purposes.
(g) The concession can only be used in the vehicle VRN registered / nominated on the Application form (should you wish to change the vehicle you must inform us in writing or by email to [email protected]) free travel will not be permitted until the new vehicle is registered with the T-FLOW scheme.
(h) You must travel through an attended toll lane and present your ID pass to the Merseytravel Customer Service Officer to activate the free journey. If an automatic lane is used the concession will not work and you must pay the full correct toll
(i) The concession must only be used by the concession holder.
(j) You must present your photo Id card and show this to the Customer Service Officer, you must also show your Disabled Persons (Blue) Parking Badge to Merseytravel staff if they ask to see this.
(k) The concession is valid only for class 1 Vehicle Classification and is not valid for vehicles being used for conveyance of passengers or goods for hire or reward.
(l) On the first day of April each year your T-FLOW Account will automatically be credited with the correct number of free journeys to which you are entitled, on the last day of March each year any remaining balance of journeys will be removed from your Account and the correct allocation added.
(m) The concession is valid for class 1 journeys only, concession holders travelling any in other vehicle class will be required to pay the appropriate cash toll. Vehicles towing a trailer or Caravan must pay the class 2 toll.
- MERSEYTRAVELS OBLIGATIONS
- In processing your Application and administering your Account Merseytravel will take all reasonable measures to ensure the services are carried out with reasonable skill and care.
- There may be occasions that we have to suspend your Account;
- deal with technical problems or make minor technical changes
- update the product to reflect changes in relevant laws and regulatory requirements
- renew your concession or register a new vehicle VRN to the Account
- comply with any legal requirements placed upon Merseytravel.
- PAYMENT
(a) The Account Holder can make payments to their Account by Direct Debit or online top-up using a debit/credit card via the Mersey Tunnels website for any addition to the concessionary journeys
(b) We accept payment with all major debit/credit Cards (excluding Amex).
(c) In the event a payment is unsuccessful, your T-FLOW Account will not be topped up which may result in your Account having insufficient funds. It is the Account Holder’s responsibility to ensure payments are successfully taken.
(d) If there is insufficient funds or no free concessionary passages remaining your Account will cease to work at the Toll barrier until funds are added. It is the User’s responsibility to ensure your Account has the required funds or free passage balance available to operate the Toll barrier. If the T-FLOW balance is of credit is exhausted alternative payment will be required. Up to date passage balances can be checked online at www.merseytunnels.co.uk
- CHANGES
(a) Merseytravel may at any time make minor changes (unlikely to affect your use of the concession
(i) to reflect changes in the law or regulatory requirements; and
(ii) to implement minor technical adjustments and improvements (for example to address a security issue).
(b) Merseytravel may at any time make more significant changes to the Account, Toll barrier and these terms, but if we do so we will notify you and you may then contact us to end the contract if you wish before the changes take effect and receive a refund of any credit that you may have added to your Account.
(a) In the unlikely event that there is any defect with any aspect of the service provided under this Agreement:
(i) please contact us and tell us as soon as reasonably possible;
(ii) please give us a reasonable opportunity to fix any issue.
(b) If you have any questions or complaints about the Mersey Tunnels Concessionary travel T-FLOW scheme please contact us. You can telephone our customer service team at 0151 330 1004 or write to us at Merseytravel, PO Box 1976, Liverpool, L69 3HN or email tflow @liverpoolcityregion-ca.gov.uk
- As a consumer, you have legal rights in relation to this agreement where service is not carried out with reasonable skill and care. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
- LIABILITY
- Merseytravel is responsible to you for foreseeable loss and damage caused by our default or negligence. 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 this contract 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.
- Merseytravel does 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; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the service as detailed within the Consumer Rights Act 2015.
- Merseytravel is responsible for making good any damage to your property directly caused by us under this agreement which arises from our default or negligence; however Merseytravel accepts no liability for any loss or damage to property howsoever arising from the use of the T-FLOW concession Account unless the loss or damage is caused by the default of negligence of Merseytravel.
- Merseytravel accepts no liability for losses arising from incorrectly entered VRN.
- TERMINATING OR ENDING THIS AGREEMENT
(a) You may contact us at any time to end the contract with us for the T-FLOW scheme and to close your Account, but in some circumstances we may charge you certain sums for doing so, as described below
(b) If you are ending the agreement for a reason set out below the agreement will end immediately and we will refund you in full for any monetary balance on your Account (excluding free concessionary journeys which will be cancelled upon termination) . The reasons are:
(i) we have told you about an upcoming change to the services or these terms which you do not agree to;
(ii) there may be significantly delays because of events outside our control;
(iii) we suspend the services for technical reasons, or notify you are going to suspend them for technical reasons, in each case for a period of more than 7 days; or
(iv) you have a legal right to end the contract because of something we have done wrong
(c) Unless you have a right to end the contract immediately as above, the contract will not end until 28 days after the day on which you contact us. We will refund any payments you may have made to your T-FLOW Account
(d) Merseytravel may end the agreement at any time by writing to you if:
(i) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services; or
(ii) we discover the concessionary Account is being misused in contravention of the terms of this agreement; or
(iii) any other material breach of the terms of this agreement.
(e) We may stop providing the T-Flow Scheme at any time. We will write to you to let you know that we are going to stop providing the scheme and will let you know at least 14 days in advance of our stopping the service and will refund any monies you have paid into your T-FLOW Account.
- ASSIGNMENT
You shall not transfer your rights or obligations under this agreement without our written consent. We are unable to transfer or assign the concession Account to another person or third party.
We may transfer our rights and obligations to another organisation if required (such as a requirement due to a change in law or governance) however we will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the agreement.
- WAIVER
Even if we delay in enforcing any terms of this agreement it shall not prevent us from enforcing the terms at a later time and shall not be deemed to mean those terms will cease to have effect nor be a waiver of any subsequent breach.
- DATA PROTECTION
(a) Merseytravel shall use the personal information you provide us to:
(i) to create and administer the T-Flow account for your concessionary travel through Mersey Tunnels
(ii) to process any monetary payments on to your T-FLOW concessionary Account
(iii) if you agreed to this in your Application, to give you information about other products and services we may provide, but you may stop this at any time by contacting us.
(b) Merseytravel shall duly observe all their obligations under the Data Protection Act 1998 and GDPR regulations which arise in connection with the agreement and will not disclose your information to third parties without your consent, other than partners for the purpose of administering the scheme unless we are required by law to do so.
- Merseytravel is committed to processing your personal information in a clear and transparent way. The Fair Processing Notice in respect of the scheme details how your data is handled can be found using the link below
https://www.merseytravel.gov.uk/about/fair-processing-notices/
- FORCE MAJEURE
Merseytravel shall not be liable for failure to perform its obligations under this agreement if such failure results from circumstances beyond Merseytravel’s reasonable control.
- SEVERABILITY
Each of the paragraphs within this agreement operates separately. If any part of this Agreement is or becomes illegal void or invalid that shall not affect the other provisions of this agreement which shall remain in full force and effect.
- THIRD PARTY RIGHTS
This agreement is between you and Merseytravel. Nothing in this agreement shall allow any other person or third party any benefit of any kind or any right to enforce the terms of this Agreement.
- LAW
Any dispute or claim arising out of or in connection with a contract between us 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 and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
1. Definitions
‘Account Holder’ means the holder of the Concessionary Fast Tag Account.
‘Application’ means the formal application for membership to the Mersey Tunnels ConcessionaryTravel Scheme completed by you or completed on your behalf.
‘Account’ means the account set up for the operation of your Concessionary Fast Tag.
‘Liverpool City Region’ includes the districts of Liverpool, Halton, Knowsley, Sefton, St Helens and Wirral
‘Fast Tag’ means the Mersey Tunnels Fast Tag device (on board unit)
‘Merseytravel’ means Merseytravel (the operators of the Mersey Tunnels) of No 1 Mann Island Liverpool L3 1BP as well as its employees agents subcontractors and assignees
‘Toll Barrier’ means the Mersey Tunnels toll barrier at the toll plaza which the Fast Tag is used
‘Resident Concession’ means the discount available upon application to eligible residents of the Liverpool City Region.
‘User’ means you the user of the Fast Tag
2. General Conditions
(a) This Agreement should be read in conjunction with the information contained within the Mersey Tunnels Concessionary Travel Scheme Application pack.
(b) This Agreement together with the Application shall form a binding legal Agreement between you and Merseytravel which shall take effect upon receipt of your Application by Merseytravel.
(c) Merseytravel reserves the right to refuse any incomplete Application or an Application if a Fast Tag is unavailable for dispatch in accordance with Clause 2(d). If we are unable to accept your Application, we will inform you of this in writing.
(d) Merseytravel shall use its all reasonable endeavours to dispatch a Fast Tag within 30 days of receipt of an Application.
(e) It is the User’s responsibility to ensure that they do not proceed through the Toll Barrier on another vehicles toll payment.
(f) The Fast Tag shall at all times remain the property of Merseytravel and must be returned upon request. The User shall not sell, tamper with or wilfully damage the Fast Tag.
(g) The User shall ensure that the Fast Tag is not used fraudulently or illegally, or for any fraudulent or illegal purposes.
(h) Any images of the Fast Tag we may provide are for illustrative purposes only. Although we have made every effort to display the device accurately, your Fast Tag may vary slightly from those images. This is because the device is manufactured by a third party.
(i) It is the Users responsibility to ensure that the tag is fitted correctly in line with the fitting instructions provided by Merseytravel and in accordance with the manufacturer’s specification.
(j) The concessionary Fast Tag can only be used in the vehicle nominated on the application form (should you wish to change the vehicle you must inform us in writing, by email to [email protected] or by telephoning (0151 330 1004) Free travel will not be permitted until the new vehicle is registered with Merseytravel, if you have not told us that you have changed your vehicle you must pay the full cash toll.
(k) You must travel through an attended Toll Barrier lane to activate the free journey. If an automatic lane is used the Fast Tag will not work and you must pay the correct cash toll fare rate. Only those applicants who have previously provided evidence of residency within the Liverpool City Region will benefit from any discounted toll.
(l) The Fast Tag must only be used by the concession holder.
(m) You must also present your photo Id card and show this to the Toll Officer, you must also show your Disabled Persons (blue) Parking Badge to Merseytravel staff if they ask to see this.
(n) The Concessionary Fast Tag is not valid for vehicles being used for conveyance of passengers or goods for hire or reward.
(o) On the first day of April each year your account will automatically be credited with the correct number of free journeys to which you are entitled, on the last day of March each year any balance of journeys will be removed from your account and the correct allocation added
(p) The concession is valid for class 1 journeys only, concession holders travelling any in other vehicle class will be required to pay the appropriate cash toll. Vehicles towing a trailer or Caravan must pay the class 2 toll.
3. Merseytravel's Obligations
(a) Merseytravel will create an Account and issue the Fast Tag within 30 days of accepting your Application. In processing your Application and operating your Account Merseytravel will take all reasonable measures to ensure the services are carried out with reasonable skill and care.
(b) There may be occasions that we have to suspend your Account or Fast Tag to:
(i) deal with technical problems or make minor technical changes;
(ii) update the product to reflect changes in relevant laws and regulatory requirements
(iii) comply with any legal requirements placed upon Merseytravel.
Merseytravel have a formal appeal process details of which can be found on our website using the following link;
https://www.merseytravel.gov.uk/tunnels/Pages/Concessions.aspx
4. Payment
(a) The Account Holder can make payments to their account by Direct Debit or online top-up via the Mersey Tunnels website or by setting up a monthly Direct Debit for additional journeys in addition to the concessionary journeys.
(b) We accept payment with all major Debit/Credit Cards (excluding Amex).
(c) In the event a payment is unsuccessful, your Account will not be topped up which may result in your Account having insufficient funds or concessionary journeys. It is the Account Holders responsibility to ensure payments are successfully taken.
(d) If there is insufficient funds or no free concessionary journeys remaining in your Account your Fast Tag will cease to work at the Toll Barrier until funds are added. It is the Users responsibility to ensure your Account has the required funds or free concessionary journeys available to operate the Toll Barrier. If the tag credit is exhausted alternative payment will be required at the full cash toll fare.
5. Resident Concession
Under the terms of this Agreement, if you are a resident of the Liverpool City Region, you have the right to make an application for the Resident Concession to be applied to your Fast Tag Account.
To be eligible for this concession, you must be able to provide evidence that you meet the following criteria:
(a) You must be registered as living in a property in one of the districts of the Liverpool City Region;
(b) The vehicle in which the Tag is used must be registered in one of the districts of the Liverpool City Region;
(c) The vehicle must be a Class 1 vehicle as defined by our vehicle classification process;
The Resident Concession is only available for personal use. Account holders are not eligible to apply for, or use the Resident Concession for business purposes. Misuse of the concession may lead to prosecution.
The Resident Concession is provided at our sole discretion and we reserve our right to vary or withdraw this concession at any time.
By applying for the Resident Concession, you confirm that the information you have provided is true and correct to the best of your knowledge. If this information changes, for any reason, you must notify us immediately.
Please be advised that we may use agencies to verify and confirm your identity and residence.
6. Changes
(a) Merseytravel may at any time make minor changes (unlikely to affect your use of them) to the Fast Tag, Account, Toll Barrier and these terms:
(i) to reflect changes in the law or regulatory requirements; and
(ii) to implement minor technical adjustments and improvements (for example to address a security issue).
(b) Merseytravel may at any time make more significant changes to the Fast Tag, Account, Toll Barrier and these terms, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund from your Account (if applicable).
7. Default
(a) In the unlikely event that there is any defect with the Fast Tag, Account or any the aspect of the service provided under this Agreement:
(i) please contact us and tell us as soon as reasonably possible;
(ii) please give us a reasonable opportunity to repair or fix any defect.
(b) We will use every effort to repair or fix the defect, or issue a replacement as soon as reasonably practicable and, in any event, within seven days.
(c) You will not have to pay for Merseytravel to repair or fix a defect with the Account or Fast Tag under this clause, unless arising from a breach of the clauses of this Agreement on the part of the Account Holder or User(s) or a failure to fit the Fast Tag correctly in accordance with Clause 2(j).
(d) If you have any questions or complaints about the Fast Tag scheme, please contact us. You can telephone our customer service team at 0151 330 1004 or write to us at Merseytravel, PO Box 1976, Liverpool, L69 3HN or email [email protected].
(e) As a consumer, you have legal rights in relation to this Agreement where it is not carried out with reasonable skill and care, or if the materials Merseytravel use are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
8. Liability
(a) Merseytravel is responsible to you for foreseeable loss and damage caused by our default or negligence. 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 this contract 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.
(b) Merseytravel does 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; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Fast Tag as detailed within the Consumer Rights Act 2015.
(c) Merseytravel accepts no liability or responsibility for an incorrectly fitted Fast Tag or a Fast Tag not installed in accordance with the manufacturer’s specification or fitting instructions, which is the responsibility of the User.
(d) Merseytravel is responsible for making good any damage to your property directly caused by us under this Agreement which arises from our default or negligence; however Merseytravel accepts no liability for any loss or damage to property howsoever arising from the use of the Fast Tag unless the loss or damage is caused by the default of negligence of Merseytravel.
9. Terminating or Ending This Agreement
(a) You may contact us at any time to end this agreement and close your account, but in some circumstances we may charge you certain sums for doing so, as described below
(b) If you are ending the Agreement for a reason set out at (i) to (v) below the Agreement will end immediately and we will refund you in full for any monetary balance on your Account (excluding free concessionary journeys which will be cancelled upon termination) . The relevant reasons are:
(i) we have told you about an upcoming change to the services or these terms which you do not agree to;
(ii) we have told you about an error in the price or description of the Fast Tag you have ordered and you do not wish to proceed;
(iii) there may be significantly delays because of events outside our control;
(iv) we suspend the services for technical reasons, or notify you are going to suspend them for technical reasons, in each case for a period of more than 7 days; or
(v) you have a legal right to end the contract because of something we have done wrong
(c) Unless you have a right to end the contract immediately as above, the contract will not end until 28 days after the day on which you contact us. We will refund any payments you have made to your Account, less a sum as detailed below. If Merseytravel requests it, you must return the Fast Tag within 28 days of the closure of your Account.
(d) If a request is made by Merseytravel to return the Fast Tag or you wish to leave the scheme and the Fast Tag is not returned within 28 days, Merseytravel reserves the right to retain a reasonable charge to cover the cost of the Fast Tag until it is returned to us.
(e) Merseytravel may end the Agreement at any time by writing to you if:
(i) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services; or
(ii) we discover the Fast Tag is being misused in contravention of the terms of this Agreement; or
(iii) any other material breach of the terms of this Agreement.
(f) We may stop providing the Fast Tag Scheme at any time. We will write to you to let you know that we are going to stop providing the Fast Tag scheme. We will let you know at least 14 days in advance of our stopping the services and will refund any sums you have paid into your Account.
10. Assignment
You shall not transfer your rights or obligations under this Agreement without our written consent. We are unable to transfer or assign the Fast Tag to another person or third party.
We may transfer our rights and obligations to another organisation if required (such as a requirement due to a change in law or governance) however we will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Agreement.
11. Waiver
Even if we delay in enforcing any terms of this Agreement it shall not prevent us from enforcing the terms at a later time and shall not be deemed to mean those terms will cease to have effect nor be a waiver of any subsequent breach
12. Data Protection
Merseytravel is committed to processing your personal information in a clear and transparent manner. The Fair Processing Notice in respect of the Concessionary Fast Tag Scheme which details how your data is handled can be found on our website using the following link;
https://www.merseytravel.gov.uk/Documents/Customer%20Delivery%20Fair%20Processing%20Notice%20-%20Concessionary%20Fast%20Tag.pdf
13. Force Majeure
Merseytravel shall not be liable for failure to perform its obligations under this Agreement if such failure results from circumstances beyond Merseytravel’s reasonable control.
14. Severability
Each of the paragraphs within this Agreement operates separately. If any part of this Agreement is or becomes illegal void or invalid that shall not affect the other provisions of this Agreement which shall remain in full force and effect.
15. Third Party Rights
This Agreement is between you and Merseytravel. Nothing in this Agreement shall allow any other person or third party any benefit of any kind or any right to enforce the terms of this Agreement.
16. Law
(a) This Agreement shall be governed by English Law and you can bring proceedings in respect of this Agreement in the Courts of England breach of your legal rights in relation to the Fast Tag as detailed within the Consumer Rights Act 2015.
(b) Merseytravel accepts no liability or responsibility for an incorrectly fitted Fast Tag which is the responsibility of the User.
(c) Merseytravel is responsible for making good any damage to your property caused by us under this Agreement which arises from our default or negligence; however Merseytravel accepts no liability for any loss or damage to property howsoever arising from the use of the Fast Tag unless the loss or damage is caused by the default of negligence of Merseytravel.17
17. Changes
(a) Merseytravel may at any time make minor changes (unlikely to affect your use of them) to the Fast Tag, Account, Toll Barrier and these terms:
(i) to reflect changes in the law or regulatory requirements; and
(ii) to implement minor technical adjustments and improvements (for example to address a security issue).
(b) Merseytravel may at any time make more significant changes to the Fast Tag, Account, Toll Barrier and these terms, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund from your Account (if applicable).
1. Defenitions
‘Account Holder’ means the holder of the Fast Tag Account.
‘Application’ means the formal application for a Fast Tag completed by you.
‘Account’ means the account set up for the operation of your Fast Tag.
‘Liverpool City Region’ includes the districts of Liverpool, Halton, Knowsley, Sefton, St Helens and Wirral
‘Fast Tag’ means the Mersey Tunnels Fast Tag device on board unit
‘Merseytravel’ means Merseytravel (the operators of the Mersey Tunnel) of No 1 Mann Island Liverpool L3 1BP as well as its employees agents subcontractors and assignees
‘Toll Barrier’ means the Mersey Tunnels toll barrier at the toll plaza which the Fast Tag is used
‘Resident Concession’ means the discount available, upon application, to eligible residents of the Liverpool City Region.
‘User’ means you the user of the Fast Tag
2. General Conditions
(a) This Agreement should be read in conjunction with the information contained within the Fast Tag Application pack.
(b) This Agreement together with the Application shall form a binding legal Agreement between you and Merseytravel which shall take effect upon receipt of your Application by Merseytravel.
(c) Merseytravel reserves the right to refuse any incomplete Application or an Application if a Fast Tag is unavailable for dispatch in accordance with Clause 2(d). If we are unable to accept your Application, we will inform you of this in writing .and refund any payments that have been paid in advance.
(d) Merseytravel shall use its all reasonable endeavours to dispatch a Fast Tag within 30 days of receipt of an Application.
(e) It is the User’s responsibility to ensure that they do not proceed through the Toll Barrier on another vehicles toll payment.
(f) It is the Account Holder’s responsibility to ensure their Account has appropriate funds in the account to operate the Fast Tag system at the Toll Barrier
(g) The Fast Tag shall at all times remain the property of Merseytravel and must be returned upon request. The User shall not sell, tamper with or wilfully damage the Fast Tag. Merseytravel will charge a reasonable fee for any damaged, defaced or un-returned tag.
(h) The User shall ensure that the Fast Tag is not used fraudulently or illegally, or for any fraudulent or illegal purposes.
(i) Any images of the Fast Tag we may provide are for illustrative purposes only. Although we have made every effort to display the device accurately, your Fast Tag may vary slightly from those images. This is because the device is manufactured by a third party.
(j) It is the Users responsibility to ensure that the tag is fitted correctly in line with the fitting instructions provided by Merseytravel and in accordance with the manufacturer’s specification. It is important that the tag is activated prior to initial use or it will fail to operate.
(h if you lose your fast tag or it is stolen you may report this online via the Mersey Tunnels website or by phoning 0151 330 1004 or email [email protected]. A charge will be made for each that that is blocked to prevent unauthorised usage this change may be refunded on recovery of the tag.
3. Merseytravel's Obligations
(a) Merseytravel will create an Account and issue the Fast Tag within 5 days of accepting your Application. In processing your Application and operating your Account Merseytravel will take all reasonable measure to ensure the services are carried out with reasonable skill and care.
(b) There may be occasions that we have to suspend your Account or Fast Tag to:
(i) deal with technical problems or make minor technical changes;
(ii) update the product to reflect changes in relevant laws and regulatory requirements
(iii) comply with any legal requirements placed upon Merseytravel.
(c) We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 7 days and we will refund any sums you have paid in advance.
4. Payment
(a) Upon commencement of this Agreement by the Account Holder shall pay an initial payment to ensure that the Account has a credit balance when the Fast Tag will be activated
(b) The Account Holder shall make payments to their account by Direct Debit or online top-up via the Mersey Tunnels website.
(c) We accept payment with all major Debit/Credit Cards (excluding Amex).
(d) In the event a payment is unsuccessful, your Account will not be topped up which may result in your Account having insufficient funds. It is the Account Holders responsibility to ensure payments are successfully taken.
(e) If there are insufficient funds in your Account your Fast Tag will cease to work at the Toll Barrier until funds are added. It is the Users responsibility to ensure your Account has the required funds to operate the Toll Barrier. If the tag credit is exhausted alternative payment will be required.
5. Resident Concession
Under the terms of this Agreement, if you are a resident of the Liverpool City Region, you have the right to make an application for the Resident Concession to be applied to your Fast Tag Account.
To be eligible for this concession, you must be able to provide evidence that you meet the following criteria:
You must be registered as living in a property in one of the districts of the Liverpool City Region;
(a) The vehicle in which the Tag is used must be registered in one of the districts of the Liverpool City Region;
(b) The vehicle must be a Class 1 vehicle as defined by our vehicle classification process;
The Resident Concession is only available for personal use. Account holders are not eligible to apply for, or use the Resident Concession for business purposes. Misuse of the concession may lead to prosecution.
The Resident Concession is provided at our sole discretion and we reserve our right to vary or withdraw this concession at any time.
By applying for the Resident Concession, you confirm that the information you have provided is true and correct to the best of your knowledge. If this information changes, for any reason, you must notify us immediately.
Please be advised that we may use agencies to verify and confirm your identity and residence.
6. Changes
(a) Merseytravel may at any time make minor changes (unlikely to affect your use of them) to the Fast Tag, Account, Toll Barrier and these terms:
(i) to reflect changes in the law or regulatory requirements; and
(ii) to implement minor technical adjustments and improvements (for example to address a security issue).
(b) Merseytravel may at any time make more significant changes to the Fast Tag, Account, Toll Barrier and these terms, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund from your Account.
7. Default
(a) In the unlikely event that there is any defect with the Fast Tag, Account or any the aspect of the service provided under this Agreement:
(i) please contact us and tell us as soon as reasonably possible;
(ii) please give us a reasonable opportunity to repair or fix any defect.
(b) We will use every effort to repair or fix the defect, or issue a replacement as soon as reasonably practicable and, in any event, within seven days.
(c) You will not have to pay for Merseytravel to repair or fix a defect with the Account or Fast Tag under this clause, unless arising from a breach of the clauses of this Agreement on the part of the Account Holder or User(s) or a failure to fit the Fast Tag correctly in accordance with Clause 2(j).
(d) If you have any questions or complaints about the Fast Tag scheme, please contact us. You can telephone our customer service team at 0151 330 1004 or write to us at Merseytravel, PO Box 1976, Liverpool, L69 3HN or email [email protected].
(e) As a consumer, you have legal rights in relation to this Agreement where it is not carried out with reasonable skill and care, or if the materials Merseytravel use are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
8. Liability
(a) Merseytravel is responsible to you for foreseeable loss and damage caused by our default or negligence. 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 this contract 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.
(b) Merseytravel does 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; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Fast Tag as detailed within the Consumer Rights Act 2015.
(c) Merseytravel accepts no liability or responsibility for an incorrectly fitted Fast Tag or a Fast Tag not installed in accordance with the manufacturer’s specification or fitting instructions, which is the responsibility of the User.
(d) Merseytravel is responsible for making good any damage to your property directly caused by us under this Agreement which arises from our default or negligence; However Merseytravel accepts no liability for any loss or damage to property howsoever arising from the use of the Fast Tag unless the loss or damage is caused by the default of negligence of Merseytravel.
(e) Merseytravel accepts no liability for business losses and we shall have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity or any indirect or consequential loss arising from this Agreement.
9. Terminating or Ending This Agreement
(a) You may contact us at any time to end the contract for the Fast Tag and close your account, but in some circumstances we may charge you certain sums for doing so, as described below
(b) If you are ending the Agreement for a reason set out at (i) to (v) below the Agreement will end immediately and we will refund you in full for any balance still on your Account. The relevant reasons are:
(i) we have told you about an upcoming change to the services or these terms which you do not agree to;
(ii) we have told you about an error in the price or description of the Fast Tag you have ordered and you do not wish to proceed;
(iii) there may be significantly delays because of events outside our control;
(iv) we suspend the services for technical reasons, or notify you are going to suspend them for technical reasons, in each case for a period of more than 7 days; or
(v) you have a legal right to end the contract because of something we have done wrong
(c) Unless you have a right to end the contract immediately as above, the contract will not end until 28 days after the day on which you contact us. We will refund any payments you have made to your Account, less a sum as detailed below. If Merseytravel requests it, you must return the Fast Tag within 28 days of the closure of your Account.
(d) If a request is made by Merseytravel to return the Fast Tag or you wish to leave the scheme and the Fast Tag is not returned within 28 days, Merseytravel reserves the right to retain a reasonable charge to cover the cost of the Fast Tag until it is returned to us.
(e) Merseytravel may end the Agreement at any time by writing to you if:
(i) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services; or
(ii) we discover the Fast Tag is being misused in contravention of the terms of this Agreement; or
(iii) any other material breach of the terms of this Agreement.
(f) We may stop providing the Fast Tag Scheme at any time. We will write to you to let you know that we are going to stop providing the Fast Tag scheme. We will let you know at least 14 days in advance of our stopping the services and will refund any sums you have paid into your Account.
10. Assignment
You shall not transfer your rights or obligations under this Agreement without our written consent. We may not agree to this and in most cases we are unable to transfer or assign the Fast Tag to another person or third party.
We may transfer our rights and obligations to another organisation if required (such as a requirement due to a change in law or governance) however we will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Agreement.
11. Waiver
Even if we delay in enforcing any terms of this Agreement it shall not prevent us from enforcing the terms at a later time and shall not be deemed to mean those terms will cease to have effect nor be a waiver of any subsequent breach
12. Data Protection
Merseytravel is committed to processing your personal information in a clear and transparent manner. The Fair Processing Notice in respect of Fast Tag, which details how your data is handled can be found on our website using the following link:
https://www.merseytravel.gov.uk/Pages/Fair-Processing-Notices.aspx
13. Force Majeure
Merseytravel shall not be liable for failure to perform its obligations under this Agreement if such failure results from circumstances beyond Merseytravel’s reasonable control
14. Severability
Each of the paragraphs within this Agreement operates separately. If any part of this Agreement is or becomes illegal void or invalid that shall not affect the other provisions of this Agreement which shall remain in full force and effect.
15. Third Party Rights
This Agreement is between you and Merseytravel. Nothing in this Agreement shall allow any other person or third party any benefit of any kind or any right to enforce the terms of this Agreement
16. Law
(a) This Agreement shall be governed by English Law and you can bring proceedings in respect of this Agreement in the Courts of England for any breach of your legal rights in relation to the Fast Tag as detailed within the Consumer Rights Act 2015.
(b) Merseytravel accepts no liability or responsibility for an incorrectly fitted Fast Tag which is the responsibility of the User.
(c) Merseytravel is responsible for making good any damage to your property caused by us under this Agreement which arises from our default or negligence; however Merseytravel accepts no liability for any loss or damage to property howsoever arising from the use of the Fast Tag unless the loss or damage is caused by the default of negligence of Merseytravel.
(d) Merseytravel accepts no liability for business losses. Fast Tags are supplied for domestic and private use and we shall have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.