Terms and Conditions

Terms and conditions

KEY TERMS

1. Our website www.tpexpress.co.uk (the "Site") and related services are made available to you in accordance with the following terms and conditions and other policies and documentation referred below ("Terms") whether as a guest or a registered user.

2. Please read these terms carefully before you start to use our Site, as by using our Site you are confirming that you accept these Terms and that you will comply with them. If you do not agree to these Terms, you must not use our Site, and you should leave the relevant Site immediately.

3. You are responsible for ensuring that anyone else who accesses our Site through your internet connection is aware of these Terms and the policies referred to above and that they comply with them.

4. We recommend that you print a copy of the Terms for future reference.

OTHER APPLICABLE TERMS

1. These Terms refer to our Privacy and Cookies Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Site, you consent to such processing and you warrant that all data provided by you is accurate. Please take the time to read our Privacy and Cookies Policy.

2. By using the Site, you confirm that you accept these Terms and, if you buy tickets via the Site that you also accept the National Rail Conditions of Travel, and that you agree without limitation or qualification to comply with and the National Rail Conditions of Travel, as appropriate, and acknowledge that any other agreements between you and us are superseded with respect to this subject matter.

3. If there is a conflict between these Terms and any specific rules and/or terms and conditions which: (i) appear elsewhere on the Site and are stated to take precedence; or (ii) form part of a separate agreement between TransPennine Express and you, those other terms will take priority.

ABOUT US

1. We are Transpennine Trains Limited trading as TransPennine Express ("we" or "us"). We are registered in England and Wales under company number 12544930 and have our registered office at 7th Floor, Bridgewater House, 58-60 Whitworth Street, Manchester M1 6LT. Our VAT number is 324097412.

2. You can contact us:
• Via our website: https://www.tpexpress.co.uk/help/contact-us
• By phone at 0345 600 1671.
• By post at 7th Floor, Bridgewater House, 60 Whitworth Street, Manchester, M1 6LT.
If you have any questions about these Terms, please contact Customer Relations.

3. Our complaints handling procedure gives you information about what you can do if you are not happy. It tells you how you can complain, what we will do and when and what you can do if you are still not happy. The information provided in this procedure is in addition to any other rights you may have under these Terms that apply when we supply goods and services to you. You can find our complaints handling procedure at https://www.tpexpress.co.uk/help/complaints.

CHANGES TO THESE TERMS

1. We may at any time, and without notice, revise these Terms by updating this page. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms. These Terms cannot be altered by you unless we explicitly agree to such alteration in writing. Where changes are made to these Terms after you made a travel reservation or ticket purchase through the Booking Service, such changes will not affect the pre-existing Terms that were accepted by you.

2. We also may make changes to our Privacy Policy and Cookies Policy from time to time to reflect changes in the law or how or why we process your personal data, so you should also check these regularly to see whether any changes have been made.

OUR SITE

1. The Site offers an impartial service (the "Booking Service") selling every variation of ticket available around Great Britain representing all Train Operating Companies. We do not currently support ferry bookings, supplementary tickets, Motorail services, berth bookings on Caledonian Sleeper services or Eurostar bookings. A link to the terms and conditions of the Booking Services can be found at https://tickets.tpexpress.co.uk/tpe/en/purchase/TermsAndConditions

2. Our Site is made available free of charge.

3. You must only use the Site in accordance with our Acceptable Use Policy as set out below.

4. You are responsible for making all arrangements necessary for you to have access to our Site.

5. We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We will not be liable to you if for any reason our Site is unavailable at any time or for any period.

6. Access to our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. You are responsible for making all arrangements necessary for you to have access to our Site.

7. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

8. We reserve the right to withdraw the Site at any time and without notice.

9. You can buy a number of products and services (including through our Booking Service) through the Site. Any additional terms and conditions applicable to sales of those products and services will be brought to your attention before any order for products and services is completed. We may give you the option to subscribe to different services through the Site. Your use of the content received through any such service will be subject to these Terms. Separate terms and conditions apply to prize draws, competitions and promotions that we may run from time to time. We will let you know when you will be subject to any separate terms and conditions.

YOUR ACCOUNT AND PASSWORD

1. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

2. When ordering any products through our Site (including through our Booking Service) you will be asked to complete a registration process. Information you provide on our Site must be complete and accurate. You must not impersonate any other person or entity or use a false name or a name that you are not authorised to use. The information that you submit will be dealt with in accordance with our Privacy and Cookies Policy.

3. To access your stored data on our Site, you will need to input your account and password details. You are responsible for keeping those details confidential. If you have concerns about your login details or password or know or suspect that anyone other than you knows your user identification or password, you must promptly notify us using the contact details above.

OWNERSHIP OF CONTENT

1. We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

2. You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and, if you are a business user, you may draw the attention of others within your organisation to content posted on our Site.

3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

4. Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.

5. You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.

6. If you print off, copy or download any part of our Site in breach of these Terms, your right to use our Site will cease immediate, we may at our option suspend or permanently block your access to the Site and you must at our option return or destroy any copies of the materials you have made.

7. You acknowledge that we will enforce our intellectual property rights to the fullest extent permitted by the law, including the seeking of criminal prosecution.

VIRUSES

1. Whilst we take all reasonable efforts to ensure that our Site will be secure or free from bugs or viruses, we are unable to guarantee this.

2. You are responsible for configuring your information technology, computer programs and platform in order to access our Site. You should use your own virus protection software.

3. You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

LINKING TO OUR SITE

1. Linking to our Site indicates that you accept these Terms and legal restrictions and that you will abide by the guidelines set out below. If you do not accept these Terms or you do not agree to abide by these guidelines, you must not link to the Site.

2. If you provide hyperlinks to our Site, you agree that you:
a) may link to, but may not replicate, any content;
b) shall not frame or otherwise create a browser or border environment around any content;
c) shall not imply that we are endorsing you or your products or services;
d) shall not misrepresent you or your website's relationship with us;
e) shall not present false, misleading or inaccurate information about us or our products or services on your website or otherwise disparage our products or services;
f) shall not use our logos, trade marks or service marks without our express prior written permission;
g) shall not include content on your website that is or could be construed as illegal, distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any person or otherwise does not comply with all applicable laws and regulations and you shall include on your website only content that is appropriate for all age groups;
h) shall not remove or obscure any of the information, content or notices contained on our Site;
i) shall not link to an internal page of our Site that is located one or several levels down from the home page or bring up or present content of the Site on another website without our prior written permission;
j) shall not link to a website that is not owned by you;
k) shall inform us in writing of the link using the contact details below; and
l) shall immediately discontinue the link if instructed to do so by us.
We expressly reserve the right to revoke the right granted in this section for any breach of these Terms and to take any further action we deem appropriate in respect of such breach.

3. If you wish to make use of any content on our Site other than that set out above, please contact us using the contact details above.

LINKS TO THIRD PARTY WEBSITES

1. Our Site may contain links to websites owned or operated by parties other than TransPennine Express. Such links are provided for your convenience only. If you use these links, you may leave the Site or, alternatively, the link and third party website content may be framed within the Site. We have not reviewed all of these third party websites or such framed content, and do not control, and are not responsible for their operation nor for the content on or privacy policies on, or the security of, such websites.

2. Without limiting the foregoing, we specifically disclaim any responsibility if such websites:
a) infringe any third party's intellectual property rights;
b) are inaccurate, incomplete or misleading;
c) are not merchantable or fit for a particular purpose;
d) do not provide adequate security;
e) contain viruses or other items of a destructive nature; or
f) are libellous or defamatory.

3. We assume no responsibility for the content of websites linked on our Site. We do not endorse or make any representations about the content or any products or services available on such websites or any results that may be obtained by using them. We are not associated with the operators or administrators of such websites. If you access such websites or establish a link to such websites, you do so at your own risk and without our permission.

CONTRIBUTIONS TO THE SITE

1. Where you are invited to submit any contribution to the Site (including any text, photographs, graphics, video or audio) you agree, by submitting your contribution, to grant us a perpetual, worldwide, royalty-free, non-exclusive, sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution, and in accordance with privacy restrictions set out in our Privacy and Cookies Policy. Any such licence will automatically expire if you delete the content from our Site.

2. If you do not want to grant to us the rights set out above, please do not submit your contribution to the Site.

3. Furthermore, by submitting your contribution to the Site, you warrant that:
a) your contribution is your own original work and that you have the right to make it available to us for all the purposes specified above and you shall indemnify us against all legal fees, damages and other expenses that may be incurred by us as a result of your breach of this warranty;
b) any moral rights in your contribution are waived by you for the purposes of its submission to and publication on the Site and for the purposes specified above;
c) your contribution is not defamatory; and
d) your contribution does not infringe any law.

4. We may, at our absolute discretion, remove any posting you make on our Site if, in our opinion, it does not comply with our Acceptable Use Policy.

5. We will not be liable to any third party for the content or accuracy of any content posted by you or any other user of our Site.

6. The views expressed by other users of our Site do not represent our views or values.

7. We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.

OUR ACCEPTABLE USE POLICY

1. You may download our content, but only for informational, non-commercial, non-profitable and personal use and provided that you do not remove, adapt, alter or obscure any of the information, content or notices (such as copyright and other proprietary notices) contained within it.

2. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use the content (including, but not limited to, "caching" any material on the Site for access by third parties or "mirroring" any material on the Site) in any way except for your own personal, non-commercial use. Any other use of the content or the Site requires our prior written permission.

3. Content within the "News" section of the Site may be reproduced solely for editorial purposes in daily newspapers, general circulation news magazines, trade publications and broadcast media.

4. You may not distribute, modify, copy (except as set forth above), transmit, display, reuse, reproduce, publish, license, create derivative works from, transfer, sell or otherwise use content without our prior written permission.

5. You may not create a database in electronic or structured manual form by systematically downloading and storing any content on the Site.

6. As a condition of your access to and use of the Site, you acknowledge that you will not use the Site for any purpose that is prohibited by these Terms or could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law and that you will not use the Site to post or transmit any advertising, infringing, threatening, false, misleading, abusive, harassing, discriminatory, liable to incite racial hatred, libellous, defamatory, vulgar, obscene, indecent, scandalous, offensive, inflammatory, blasphemous, pornographic, or profane material or material which exploits minors, promotes violence or terrorism, creates a risk to a person's health or safety or public health or safety, is likely to upset, embarrass, alarm or annoy any other person, or in breach of confidence or privacy.

7. We will fully cooperate with any law enforcement authorities or any court order requesting or directing it to disclose the identity of anyone posting or transmitting any such information or materials. You also agree to inform us as soon as you become aware of any unlawful or prohibited use of the Site by any third parties.

8. You are responsible for complying with local laws and regulations of the jurisdiction from which you access the Site, including without limitation data protection and privacy laws, and laws relating to copyright of content.

9. You must not use our Site in violation of export laws, controls, regulations or sanction policies of the United Kingdom or any other country. The Site should not be accessed in any jurisdiction where for any reason the publication or availability of the Site is prohibited. We do not represent that the Site complies with laws in all jurisdictions. If you are in doubt, you should seek legal advice and if necessary, terminate your use of the Site immediately.

10. You are prohibited from using the Site to advertise or perform any commercial solicitation and are prohibited from posting or transmitting to or from the Site, any material for which you have not obtained all necessary licences or approvals or which is harmful (including; without limitation, computer viruses, logic bombs, trojans, worms, harmful components, corrupted data or other malicious software or harmful data).

11. You may not misuse the Site (including, without limitation), by (i) hacking; (ii) defacing, altering or interfering with the front end 'look and feel' of the Site; (iii) obtaining or attempting to obtain unauthorised access (via whatever means) to any of our networks; (iv) by taking any action that imposes an unreasonable or disproportionately large load on the Site or related infrastructure; (v) soliciting or attempting to solicit passwords or personal identifying information for commercial or unlawful purposes from other users; or (vi) by using any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Site (including but not limited to uploading or making available files containing corrupt data or viruses via whatever means).

12. If you breach any term of these Terms your right to use our Site will immediately end. In addition we may take such other actions including, without limitation, reporting your identity, details of any breach and any other information we consider necessary to relevant law enforcement authorities.

13. Our Site is directed to people residing in the United Kingdom. We do not promise that the contents available on or through our Site is appropriate or available in other locations. The rail services referred to on our Site is also geographically limited. If you choose to access our Site from outside the United Kingdom, you will be doing so at your own risk.

YOUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY US

You will compensate us for all reasonable and foreseeable losses, liabilities, costs, expenses, claims or proceedings that we suffer or incur, as a result of or in connection with:

a) any breach by you of your obligations in these Terms;
b) because of your negligence when using the Site (including where you deliberately or negligently let others use your account); and
c) if you disclose your password or account details to another person.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

1. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods to you. These limitations and exclusions are set out in our Passenger’s Charter.

2. Your use of the Site is at your own risk. To the fullest extent permissible by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether express or implied.

3. You are responsible for all costs of servicing, repair or correction of equipment, software or data needed to access the Site.

4. We will not be liable to you or any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
a) use of, or inability to use, our Site;
b) accessing the links of any third party websites via our Site;
c) use of or reliance on any content displayed on our Site; or
d) failure of any of our services offered on the Site, including but not limited to the provision of train service information and the sale of rail tickets
5. If you are a business user, please note that in particular, we will not be liable for:
a) loss of profits, sales, business, or revenue;
b) business interruption;
c) loss of anticipated savings;
d) loss of business opportunity, goodwill or reputation; or
e) any indirect, punitive, incidental, special, or consequential loss or damage.

6. If you are a consumer user, please note that we only provide our Sites for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

7. We will not be responsible for any loss or damage caused by any inadvertent downloading of computer viruses from the Site or from e-mails sent from the Site that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Site or your downloading of any material from the Site or any websites linked to the Site.

8. Nothing in these terms of use is intended to limit or exclude the user's statutory rights as a consumer (if any). Nothing in these terms of use exclude or limit our liability for: death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or fraud; or misrepresentation as to a fundamental matter; or any liability which cannot be excluded or limited under applicable law.

9. We will use reasonable care and skill in carrying out the services contained on the Site. However all content (including the information), names, images, pictures, logos and icons regarding or relating to TransPennine Express, its products and services (or to third party products and services) and all products and services are subject to change and are provided to you "as is" and on an "is available" basis without any representations or any kind of warranty made of any kind (whether expressed or implied by law) to the extent permitted by law, including, but not limited to, the implied warranties of suitability, satisfactory quality, merchantability, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

10. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

YOU ACKNOWLEDGE THAT YOU WILL BE FINANCIALLY RESPONSIBLE FOR ANY BOOKINGS WHICH ARE MADE THROUGH OUR SITE USING YOUR ACCOUNT DETAILS.

NO RELIANCE ON INFORMATION

1. The content of the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Site.

2. While we have taken all reasonable effort to ensure that the information on the Site is correct, you should be aware that the information it contains may be incomplete, incorrect, or may have become out of date. We do not guarantee that the Site will operate uninterrupted or error-free, that defects will be periodically corrected or that it is compatible with your computer, hardware or software. We do not promise that your use of any content will not infringe the rights of any third parties nor that the content will be accurate, complete or up to date.

LAWS AND JURISDICTION

1. If you are a consumer user, please note that these Terms are governed by English law. We both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland. As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms affects your rights as a consumer to rely on such mandatory provisions of local law.

2. If you are a business user, these Terms (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

OTHER IMPORTANT TERMS

1. Each section of these Terms operates separately. If any of these sections (or any part of any section) is found by any court or relevant authority to be unlawful or unenforceable, the other sections (or other parts of the section in question) shall not be affected and shall remain in full force and effect. If any section of these Terms is found to be unlawful or unenforceable but would be lawful and enforceable if some part of the section were deleted, the section in question shall apply with such deletion as may be necessary to make it lawful and enforceable.

2. These Terms cannot be varied except by us. Nothing said by any employee or agent of us will be capable of varying these Terms.

3. This agreement is between you and us. No other person shall have any rights to enforce any of its Terms.

FIRST CLASS CATERING SERVICE

We will always try our best to make sure that our advertised catering service is available during your journey. However, there will be occasions where we are unable to provide catering due to operational circumstances. All items listed are subject to availability and may be withdrawn at any time.