Terms & Conditions - Train Operators

TERMS AND CONDITIONS   August 2013  v02

These terms and conditions lay out the terms of business between World Train Travel (hereinafter referred to as ‘WTT’), of The Train Chartering Company Ltd (TC), and a train company, rail tour operator, railway or rail service provider (hereinafter referred to as ‘Train Company’).

1.  About World Train Travel

When a person on behalf of a travel agency, tour operator or other travel organisation (hereinafter referred to as ‘Client’) or an individual customer ('Customer') that is registered with World Train Travel  (hereinafter referred to as ‘WTT’) pays WTT a deposit or full- or part-payment for the cost of travel on a journey on a train or on a tour or for another service, operated by a Train Company, as presented by WTT,  the Client / Customer enters into an agreement with the Train Company for all matters relating to the journey or service connected to the booking, and full acceptance of these Terms and Conditions, and those of the Train Company by the Client / Customer is assumed.

2. Responsibilities of World Train Travel include:

- Maintaining the information of the Train Company's journeys on the WTT site, and other sites maintained by TC, assuming it is provided by the Train Company in a timely way;

- Uploading photos, maps and carriage plans as provided by the Train Company on the WTT sites, and other sites maintained by TC, assuming the provided media are acceptable to WTT;

- Making it clear that WTT is an agent and that the contract is between the Client or Customer and the Train Company;

- Making every reasonable effort to preserve the good name of the Train Company;

- Promoting the journeys of the Train Company to the travel industry (travel agents), travel press and the general public via all the means normally used by WTT, and by TC;

- Providing timely reports of sales of the products of the Train Company;

- Collaborating with the Train Company in formulating joint promotions for its existing and new products.

3. Responsibilities of the Train Company include:

- Keeping WTT informed of news relating to all aspects of the train operation that should be in the public domain, i.e. routes, timetables, fares, carriages /rail cars, locomotives, stations, products (e.g., dining packages, classes of travel etc.) and so on.

- Providing WTT with:

  - General description of the train operation, e.g. overview of the type of service, the route   and other summary information;

  - Details of the service

  - Classes of travel

  -  Dining and other catering

  - Type of locomotive(s)

  - Off-train visits and excursions

  - Other services offered

  - Fares and timetables

  - Good quality photographs (high resolution where possible) of:   

  - Train exterior

  - Train interiors, either without passengers or with photo models

  - Off-train visits

  - Catering – meals, bar, etc

  - Best available plans / diagrams of carriages and stations (where available)

  - Route maps

- providing information about the services / products as MS Word or Excel files and photos, maps and plans as .jpg or .bmp files, unless otherwise agreed by WTT;

- arranging for the acceptance of WTT’s e-tickets as previously agreed with WTT (see Ticketing below).

4. Fares and Payment

All fares quoted by WTT are subject to availability and are only available when payment has been received from the Client / Customer.

5. Commission

The Train Company will grant World Train Travel 10% commission on all its journeys and products featured on WTT. 

6. Payment for Sales

Sales will be remitted every 90 days or when the sum due exceeds £250 (whichever is the sooner), less the due commission, to the Train Company's bank account. 

7. Ticketing

WTT may issue an email (an e-ticket) with standard conditions to the Client / Customer, based on a booking for a Train Company’s service, where acceptance of such e-tickets by the agents and employees of that Train Company has been agreed in advance by the Train Company.  In this case, the Train Company shall make every reasonable endeavour to inform its agents and employees.  The Train Company shall recompense WTT for a sum no greater than the value of the tickets should WTT have to refund the Client / Customer if an e-ticket has not been accepted by an agent or employee of the Train Company, resulting in the Client / Customer having to purchase additional tickets.

8. Cancellations and Amendments

WTT is involved in the administration of refunds and changes to tickets and tours for all bookings on luxury trains, whereas the Train Company handles refunds and changes to tickets and tours for all bookings on tourist trains or other rail products (except as advised separately) directly with the Client / Customer.

The details concerning ticket refunds are set out in the specific terms that apply to it. If these permit a refund, WTT reserves the right to charge a processing fee of up to 20% of the cost of the ticket if WTT is involved in the administration of the refund.  The Train Company may charge a processing fee if advised in advance of such refund.  The processing fees made in respect of exchanges and cancellations, if WTT is involved in their administration, are in addition to any charges that may be made by the Train Company concerned.

Refunds on partially-used tickets are not available.

All refunds will be made by any method by which WTT deems, if WTT is involved in the administration.

9. Insurance

The Train Company is hereby notified that it must ensure the Client or Customer has adequate insurance cover for the travel, tour or service booked by the Client or Customer with WTT, if such insurance is normal, accepted business practice for the particular instance i.e. travel on a journey on a train or on a tour or for another service.  Where cover is appropriate, it must include refunds, cancellations and travel plan alterations, howsoever caused.  WTT accepts such a booking on the strict understanding that this insurance cover is in place.

10. Passports & Visas

Train Companies must note that Client / Customer is responsible in ensuring passports and visas, as may be required, are valid prior to departure, and for the entire duration of the journey.

11. Bookings and Reservations

When a ticket, tour or other service (hereinafter referred to as ‘ticket’) is reserved, WTT sends an email confirming the booking, with a booking reference number.

A booking fee may be charged.

Clients or Customers are told to examine tickets carefully upon receipt.  Both the Train Company and WTT accept no liability for ticket errors resulting from incorrect information provided by the Client or Customer.  If there is any inaccuracy, the Train Company must be notified within 24 hours of receipt of tickets by the Client or Customer.

The Train Company is to make every effort to ensure that all tickets booked through WTT are issued correctly and efficiently but in the event of any error or delay occurring in connection with the booking or the issue of tickets, the maximum liability of the Train Company or WTT to the Client or Customer will be to refund the price of the ticket, notwithstanding these terms and conditions.

Names on travel documents must match exactly those shown on passports, where applicable.

If an e-ticket has been provided by WTT, it must be taken when travelling as it may be required on demand.  Customers should also have a valid form of identification during travel.

12. Force Majeure

WTT will not be liable for any poor performance or failure in performance caused by matters beyond WTT’s reasonable control.  Likewise the Train Company will not be so liable.

13. Law and Jurisdiction of Courts

These Conditions will be governed by English law.  Any person bringing an action under these Conditions irrevocably submits to the jurisdiction of the English Courts.

14. Data Protection

The Train Chartering Company Ltd will retain details provided to us by the Train Company in order to promote their products efficiently and to analyse and understand better their requirements. If the Train Company believes that we are storing incorrect details, this should be communicated to Train Chartering or the Luxury Train Club via the normal channels and we will correct them as soon as possible.  This information will be stored in a central database, controlled by our administrative staff and will be accessible electronically.  Security measures are in place to ensure that our data are not accessible by any unauthorised person. However, persons such as IT systems suppliers, commercial and marketing partners may need to have access to the system from time to time.

15. Amendments

We reserve the right to amend these conditions at any time. These conditions are subject to variation at any time.  Any variation will be displayed here and a Train Company will be deemed to have accepted a variation after posting.  These Conditions and any appendices shall take effect on the date displayed above until further notice, or as superseded by later versions.

16. Rights Of Third Parties

Unless expressly provided in these conditions, none of the terms of our contract with the Train Company, including these conditions, is enforceable or intended to be enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any party or person other than the Train Company.

17. Interpretation

The use of the words "we", "our" and "us" in these Conditions, refers in each case to The Train Chartering Company Ltd, the use of "Train Company" refers in each case to a train company, tour Company, railway or rail service provider and the use of "Client" or ‘Customer’ refers in each case to any travel agency, tour Company or other travel organisation or to an individual customer who is registered on WTT.

18. Other Conditions

We reserve the right to include other terms and conditions as may be contained in other documents relating to the necessary operation of WTT. 

Issued by:

The Train Chartering Company Ltd, Benwell House, Preston, Chippenham, SN15 4DX, UK

Registered in England no. 3633836, www.trainchartering.com, +44 (0) 1249 890 176

On behalf of:

World Train Travel