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Terms and Conditions of Carriage (herein referred to as the “Terms”) for West of England Combined Authority Westlink Services

1. INTRODUCTION

1.1 The Terms and Conditions of Carriage detailed here, and as amended from time to time, are those by which all Westlink bus services are provided.

1.2 Please read these Terms, the Westlink privacy policy available here westlink.app/privacy, and the Westlink app end user licence agreement (“EULA“) available here westlink.app/terms before purchasing a ticket or pass, making a journey reservation, or utilising the services of Westlink.

1.3 Use of Westlink vehicles, and those of any partner operator or organisation, are subject to the Condition of Carriage, detailed in the section entitled “Our Responsibilities, Customer Behaviour and Conduct, and Conditions of Carriage”.

1.4 These Terms and Conditions of Carriage replace any previous versions, come into force immediately, and remain current until they are republished. Staff working for or on behalf of Westlink or any partner operator or organisation, have no authority to make any individual exceptions to these Terms and Conditions of Carriage.

2. ABOUT US

2.1 Westlink is a brand name of demand responsive bus services operated and managed on behalf of West of England Combined Authority, 70 Redcliff Street, Bristol, BS1 6AL, by WeMove Solutions Ltd (Registered in England with company number 10048340, whose registered office is 5 Albert Road,  Southsea, Hampshire, United Kingdom, PO5 2SE) , and Via Technologies Europe B.V., (with company number 69169969 whose registered office is Keizersgracht 467-2A, 1017 DK  Amsterdam), their partners and subcontractors.

2.2 Westlink welcomes all queries, feedback, suggestions and comments:

By email: [email protected]

By telephone: 0117 457 8561

Website: westlink.app

2.3 If you do not get a satisfactory response, you may wish to contact Bus Users UK who specialise in disputes between operators and passengers.

Address: Bus Users England

Princes Exchange,

Princes Square,

Leeds LS1 4HY

Tel: 0300 111 0001

Email: [email protected]

Website: www.bususers.org In addition to Bus Users UK, there is also the Traffic Commissioner, who is the industry regulator, and can impose penalties on operators. The Traffic Commissioner can be contacted via Tel: 0300 123 9000, email: [email protected] or write to: Western Area, Jubilee House, Croydon Street, Bristol, BS5 0GB.

3. DEFINITIONS

Definitions section

“Partner Operator or Organisation” – a third party operator or organisation who provides services as a subcontractor, on behalf of WeMove Solutions Ltd, Via Technologies Europe B.V., or West of England Combined Authority or is otherwise involved with these organisations.

“Company” – WeMove Solutions Ltd, (“WeMove”).

“We” “Us” or “Our” – WeMove Solutions Ltd, (“WeMove”), and Via Technologies Europe B.V (“Via”).

“Vehicle” – Bus, minibus, coach, taxi or private hire carriage but which the Westlink service is operated.

“Journey” – The act of travelling from the agreed pick up point to the agreed drop off point.

“Pick up or drop off points” – predefined points within the defined area of service where our vehicles can be scheduled to pick up or set down Customers.

4. ACCEPTANCE OF THE TERMS & CONDITIONS OF CARRIAGE

4.1 By purchasing a ticket or pass, making a journey reservation, or utilising the services of Westlink by any means, you enter into agreement with the Company and agree to comply with these Terms and Conditions of Carriage.

4.2 If you are purchasing a ticket or pass or making a journey reservation for another person (whether you are travelling with them or not), then it is your duty to ensure that person is made aware of these Terms and Conditions of Carriage and that they agree to comply with them when utilising the services of Westlink. If you are an adult accompanying a child, it is your responsibility to make sure that the child also complies with these Terms and Conditions of Carriage.

Children may travel unaccompanied on Westlink at the discretion of their parents.

4.3 We agree to carry you, and those booked by you, on the journey booked and subject to these conditions.

5. USER & TRAVELLER DETAILS

5.1 All users, whether adult or child, are required to have a seat booked (whether there is a fare payable or not) for their journey. The only exceptions to this are young children if they are able to sit on an adult’s lap.

5.2 At the time of booking you must indicate the number of people in your party who are travelling, regardless of age or fare payable. We reserve the right to refuse access to any additional people in your party.

6. SERVICE AREA

6.1 A journey is the act of travelling from the pick up point to the set down point, where both the pickup point and set down are predefined points in a defined area as detailed, and on one of our vehicles.

6.2 In the event that a booked journey cannot utilise the booked pick up or set down point, we will endeavour to utilise a suitable point as close to the booked location as possible.

6.3 Journeys can be tracked using the app.

7. SERVICE ACCESSIBILITY

7.1 Our drivers will assist wheelchair and mobility scooter users, disabled users and those requiring additional assistance to board our services, please ask the driver for assistance.

7.2 There is currently no legislation on the carriage of mobility scooters on local bus services. Mobility scooter users must register their scooter at the time of booking and arrange for the scooter to be assessed and receive on-bus training from the driver before travelling on the bus for the first time. There is no legal requirement to carry mobility scooters and carriage will be at our discretion. We reserve the right to withdraw travel in the event of misuse of the mobility scooter, by the holder, which results in damage or injury to other passengers and/or the vehicle.

7.3 Users of wheelchairs have priority use of the designated wheelchair space on our vehicles by law. It is required that non-wheelchair users vacate the designated wheelchair space where it is possible to do so.

7.4 Due to capacity constraints, or in the event that customers choose not to cooperate, without good reason, the driver will advise passengers that they are required to move from the wheelchair space. It is at the drivers discretion whether they consider other action such as not setting off from the stop until the situation is resolved is necessary.

7.5 The maximum dimensions of a manual or powered wheelchair, or that can be carried on our vehicles are: 120cm (length) x 100cm (height) x 135cm ( seating height from ground to top of head) x 70cm (width).

7.6 Pushchairs and buggies can be carried unfolded on our vehicles in the space designated for wheelchairs and mobility scooters, but they must be folded down in the event that a wheelchair user wishes to board.

7.7 Customers have responsibility to ensure that their pushchair, buggy, wheelchair, mobility scooter, or anything else, is safely positioned in the designated area, and that it does not block any exit, emergency exit or aisle.

7.8 Pets are carried for free at the owner’s risk and at the drivers discretion. Up to two dogs are allowed to travel on each bus at any given time. Guide dogs, guide dogs in training, learning dogs and assistance dogs can be carried at all times.

8. HIGH DEMAND SERVICES

8.1 If the demand for a particular journey is sufficient, we may operate a High Demand Service, which may be with a different vehicle or operate as an additional service.

8.2 Whilst we will endeavour to ensure the full livery and features of the Westlink brand are provided, a High Demand Service may not be in full Westlink livery or have some or all of the features of the standard Westlink vehicle. A notice detailing Westlink will be displayed in the front of the vehicle.

8.3 High Demand Services will be provided by Accessible Vehicles.

9. SERVICE REGISTRATION AND USER ACCOUNTS

App

9.1 The app is available to download from the Google Play Store and Apple app Store

9.2 To use the app you must create an account and register a username, password, valid email address and UK mobile telephone number.

9.3 At all times you are responsible for your log-in details, ensuring the information stored in the account is accurate and up to date, and for any activity as a result of the use of your log-in details.

9.4 You must take reasonable steps to prevent any unauthorised use of your account, as you will be responsible for any activity that occurs under, or as a result of access through, your log-in details. You must notify us immediately if your account or account information has been compromised at any time. You will be solely responsible for any losses incurred by those operating under the Westlink banner due to any unauthorised use of your account.

9.5 You should refer to the EULA for full details of the terms applicable to use of the app.

Telephone

9.6 Customer call centre service number: 0117 457 8561

10. FARES & CONCESSIONS

10.1 Westlink will charge a fare for the journey, which will be detailed in the app at the time of booking, or verbally when making a booking by telephone.

10.2 Concessionary Passes are valid for use on this service.

11. PAYMENTS, BILLING AND CARD DETAILS

App

11.1 Fares will be shown through the app at the time of purchase, and will be charged once you have completed your journey.

11.2 Fares are subject to change.

11.3 All fares are non-refundable, except in the case of cancellation by us.

11.4 Fares will be charged to the credit or debit card stored on your account, or can be paid by cash to the driver when you board.

12. CANCELLATION AND NO SHOW POLICY

12.1 Cancellations by us:
Cancellations may occur due to reasons including, but not limited to, vehicle breakdowns, traffic and weather conditions. In the event that we cancel your trip for some reason other than cancellation by you, you are entitled to a full refund of your ticket fare.

12.2 Lateness:
DRT Services run on a real-time booking and dispatch system, therefore there is naturally a range of times that your trip may start and end based on factors including but not limited to other customer demand, traffic and routing. The app will detail the range of times that your trip may start and end, however these are best estimates and are not guaranteed.

12.3 No Show:
A booking will be treated as a ‘no show’ by the driver, if the customer has not arrived by the time that 90 seconds have elapsed after the conclusion of the arrival window time.

13. COMMUNICATIONS & MARKETING POLICY

13.1 By registering to use the app, or creating an account, you agree that you have read and understood both WECA’s Privacy Policy, which is available through https://www.westofengland-ca.gov.uk/privacy-notice/ and Westlink’s Privacy Policy, which is available through westlink.app/privacy.

13.2 West of England Combined Authority, WeMove Solutions Ltd, and Via Technologies Europe B.V. may communicate with you by telephone call, text message, email, or through app based messaging and notification. By registering, you can also agree to receive this communication for customer service purposes. If you have agreed to receive details regarding other services and offers, or those supplied by third party providers, we will also contact you with information about these offers using these methods of communication.

13.3 We may send you an SMS text message to the telephone number you provide upon registering through the app. This may occur when you register initially through the app, upon booking a Journey, as the vehicle on which you’d be travelling is approaching and arriving at the designated pick-up location, and when you reset your password. Text message and data charges may be applied by your network provider. Registering through the app is your consent to receive these SMS text messages.

13.4 Registering to use the app, setting up an account, and providing personal information is your consent that we may communicate with you electronically regarding security and administrative issues relating to your use of your account and the app. We will notice you of any potential security breaches, and you may request that we notify you of any security breaches in writing.

14. OUR RESPONSIBILITIES, CUSTOMER BEHAVIOUR AND CONDUCT, AND CONDITIONS OF CARRIAGE

14.1 By purchasing a ticket or pass, making a journey reservation, or utilising the services of Westlink by any means, you enter into agreement with us.

14.2 These Conditions of Carriage apply whilst you are travelling on our vehicles, and reflect our and your legal obligations.

14.3 We want to make your journey as comfortable and reliable as possible. To help us provide a pleasant environment for customers and staff we require some behaviours and prohibit some other behaviours. Failure to comply may result in requests to leave the vehicle, travel being refused (either one-off or permanently), and involvement of the police. If any action is taken as a result of prohibited behaviours, we will not be liable for any inconvenience, injury, damage, loss or cost incurred or suffered as a result.

14.4 Required behaviours:

• Customers, and those travelling, are required to:
• Comply with any request or instruction from any representative of the Company, Partner Operator or Organisation
• Behave in a lawful, sensible and reasonable manner whilst on the vehicle, at any pick up or set down point, and in any dealings with the Company, Partner Operator or Organisation
• Use mobile phones and other electronic devices in a considerate manner whilst on the vehicle.
• Report any suspicious or dangerous items or behaviour, if safe to do so.
• Advise staff immediately if an injury is sustained or any member of the travelling party becomes unwell during the journey.
• Vacate the designated wheelchair space when it is needed by a wheelchair user or when requested to do so by any representative of the Company, Partner Operator or Organisation.
• Take their rubbish with them when leaving the vehicle.

14.5 Prohibited behaviours:

• Customers, and those travelling, must not:
• Board or alight the vehicle in any location other than specified pick up and drop off points, or safe locations at the discretion of the driver.
• Stand in the vehicle whilst it is in motion.
• Distract the driver whilst the vehicle is in motion, except in the event of an emergency.
• Obstruct, or allow any property to obstruct any aisle, exit or emergency exit on the vehicle.
• Wear unsuitable footwear whilst on the vehicle (including but not limited to roller skates, rollerblades, ice skates, football boots or studded footwear)
• Behave in any way that is, or is perceived to be, threatening, abusive, or causes offence, discomfort, damage, injury, inconvenience or danger to other customers, our staff, or any property, or endangers themselves or others.
• Obstruct or interfere with any driver, representative of the Company, Partner Operator or Organisation in the performance of their duties, or fail to comply with their instructions.
• Damage, misuse or interfere with any equipment or fittings on the vehicle.
• Wear soiled or dirty clothing, or put feet on seats.
• Play any music, electronic devices or musical instruments that are audible or distracting to anyone else on the vehicle.
• Smoke onboard any vehicle (including e-cigarettes).
• Board any vehicle whilst under the influence of alcohol or drugs (other than medicines)
• Bring or consume onboard any alcoholic drinks or drugs (other than medicines) or items of food (including hot or strong smelling food) or drink that may cause a hazard or offence. Hot drinks may only be brought onto the vehicle if they are fitted with a lid to avoid spillages.
• Commit a criminal offence or undertake any illegal or prohibited activity.
• Distribute any material (including for charity), solicit or offer for sale any items, without prior written permission from the Company, Partner Operator or Organisation.
• Bring any form of bicycle or e-scooter (excluding folding bicycles in their cover) onto the vehicle. Folding bicycles can be permitted as personal luggage if they are in their cover (see 19.3).
• Board any vehicle whilst seriously unwell, or if suffering from any serious contagious disease (including COVID-19).
• Film for any commercial or professional purpose onboard any vehicle, without prior consent. Filming for personal or private purposes is permitted provided that it does not cause offence or distress to anyone on the vehicle. If a driver or any other representative of the Company, Partner Operator or Organisation requests filming to cease, compliance with this is required.

14.6 Hazardous or combustible materials, explosives, weapons or other items that may present a danger to anyone on the vehicle or the vehicle itself, are prohibited.

14.7 Paint and varnish products are not permitted to be carried on the vehicle.

14.8 CCTV may be in use on our vehicles, recording images and sound, for the purposes of safety, security and crime prevention, and this may be shared with the police or prosecuting authorities as evidence in legal processes. All CCTV systems are operated in accordance with relevant legislation, including the Data Protection Act 2018, and the UK General Data Protection Regulation (UK GDPR).

14.9 We will not be liable to you as a result of any act or failing by any other customer on the vehicle. Customers will be liable to us and / or other customers for any injury, damage, loss or cost incurred or suffered as a result of their action, inactions or items brought onto the vehicle.

14.10 Events outside our control may cause us to alter or cancel some or all services. Whilst we will do our utmost to overcome delays and keep customers informed. we cannot be held liable for any inconvenience, injury, damage, loss or cost incurred or suffered as a result.

14.11 We are liable to you for any injury or damage as a result of our negligence.

14.12 The above conditions are governed by the laws in England and Wales, as deemed applicable. Any condition herein found subsequently to be invalid by a court or competent authority has no effect on the validity of any other condition. These conditions do not affect your legal rights.

15. LIABILITIES

15.1 We may be responsible for reasonable and predicted loss or damage if it is caused by us, our failure to comply with the terms we have set out, or our failure to apply reasonable care and attention. Loss or damage may be considered predictable if it is apparent that it may or could reasonably happen.

15.2 Our liability to you is not limited in any way, where it would be unlawful to do so, which includes, but is not limited to personal injury death caused by our negligence.

15.3 We are not responsible or liable for the actions of users when they use the app, nor the accuracy of information contained within.

15.4 We are not responsible for the actions of third parties in relation to the services we provide, or any disagreements you may have with third parties.

16. DISCLAIMER

16.1 You remain solely responsible for your actions when accessing and using the app and the contents that are available through the app.

16.2 Whilst we endeavour to ensure the reliability and accuracy of all content on the app, any reliance on third party content is at your own risk.

17. INTELLECTUAL PROPERTY

17.1 The EULA sets out the terms applicable to any intellectual property made available through the app.

18. TICKETS

18.1 Your ticket

Your Ticket is a record of our agreement to carry you or to arrange for your carriage on a Service. If your Ticket was purchased by someone else, you agree that such person purchased the Ticket as your agent. A Ticket may only be used by the person(s) named in it or for whom it has been purchased and may not be transferred to or used by anyone else.

18.2 Validity of your ticket

(a) Travel permitted by your Ticket: Your Ticket permits you to make the Journeys and travel on the Services stated on the Ticket, subject to any restrictions or conditions (such as dates, days of the week, and times within a day on which you may travel) set out on the Ticket or in any Special Conditions applicable to the Ticket.

(b) Period for which your Ticket is valid: Your Ticket is valid for travel:

• at the time(s) as is/are stated on the Ticket or in the Special Conditions which apply to the Ticket.

(c) Expiry of your Ticket: When your Ticket expires in accordance with Condition 3.2(b), it is no longer valid for travel. You will need to ensure that your Ticket is valid for the entirety of your Journey(s).

18.3 Ownership of ticket

Your Ticket remains our property at all times.

18.4 It is your responsibility to check your ticket is correct

You must check your Ticket for errors as soon as you receive it or, if you or someone on your behalf is purchasing it, before it is purchased (and, in this section, “you” includes you and any person acting on your behalf) and to contact us if you consider that there are any errors, as explained below.

• (a) If you purchase a ticket, it is your responsibility to check the details to ensure that they are correct on the screen before payment is made and on your booking confirmation once received.
• (b) If you believe that the Ticket we have issued does not meet the information you provided at the time of booking, please contact us immediately and, at least, within the timeframes set out in paragraph (c) below. We will not be obliged to make any amendments to a Ticket after booking, except where you can provide evidence (which we consider to be satisfactory in the circumstances) in order to demonstrate that an error was due to our fault or technical error. In all other circumstances, any amendment to a Ticket will be made in accordance with Condition 3.5.
• (c) If you fail to inform us of any errors in respect of any Ticket within the earlier of: (i) the date 1 Working Days after your receipt or purchase of the Ticket; and (ii) the departure time of the Service, then your Ticket will be assumed to be correct.

You must check the departure location and times shown on the Ticket as it is your responsibility to arrive at the correct “pick up or drop off points” by no later than required under Condition 6.6. It is also your responsibility to check if your Ticket shows that carriage is by a Third Party Provider as this will inform you that your contract is with that Third Party Provider.

18.5 Amendments to your ticket

You may only make amendments to your Ticket if such amendments are permitted by the Special Conditions which apply to your Ticket and only then if you follow the process specified in those Special Conditions, including complying with any time limits and/or paying any additional fee payable. If you are allowed to make an amendment to your Ticket and you do so, then this shall constitute an amendment to our contract with you

18.6 We will allow passengers who do not have a payment method to travel without charge, this includes unaccompanied children and anyone in distress. Travel will be recorded against the passenger’s account and monitored.

19. CUSTOMER RESPONSIBILITIES

19.1 Travel with a valid ticket

You must travel with a valid Ticket and if you have been given a reservation number to quote to the driver of the Vehicle for your Service, your reservation number. You must make Your Ticket and any such reservation number available for inspection by the driver of your vehicle or any Partner Operator or Organisation representative at any time they request.

(a) Travel without a valid Ticket: You will be considered not to be travelling with a valid Ticket if you:

• fail to produce your Ticket for inspection when asked at any point during your Journey;
• do not have sufficient battery or signal on your mobile phone or other electronic device to display your E-Ticket (if you have not printed this) when asked at any point during your Journey. We therefore recommend that you travel with a sufficiently charged mobile phone/tablet or a paper copy of your E-Ticket as it may not always be possible to display your E-Ticket on your mobile phone or other electronic device;
• travel with a Ticket which you are not entitled to;
• travel on any Service on which your Ticket does not permit travel;
• travel in breach of these Conditions or any Special Conditions applicable to your Ticket;
• travel before the valid from date or after the expiry date of your Ticket;
• travel with a Ticket which is invalidated or fraudulent in accordance with these Conditions or any applicable Special Conditions.

For the avoidance of doubt, this is a non-exhaustive list of circumstances in which you will be considered to have travelled without a valid Ticket as other circumstances may also show this to be the case.

(b) Effect of travelling without a valid Ticket: We will not allow you to board a Service if you do not have a valid Ticket.

19.2 Make sure you are on the correct service

You are responsible for making sure that you travel on the Service for which you have a valid Ticket and that you board that Service at the correct boarding point and you alight that Service at the correct destination.

19.3 Luggage

Luggage is permitted to be carried as long as it is under the passengers control or safely stowed.

19.4 Wear a seat belt

It is your responsibility to ensure that you comply with the following seat belt requirements.

• (a) You must wear the seatbelt provided at all times whilst seated on the Coach during a Journey (as this is required by law and for your own and others’ safety). This also applies to Customers travelling in wheelchairs. You may still use the toilet facilities onboard the Coach but must refit your seatbelt immediately upon returning to your seat.
• (b) If you are travelling with a valid seat belt exemption certificate, you do not have to wear a seatbelt but you will not be permitted to be seated in any of the front seats of the Coach for your own, our employees and other –Customers’ safety. This also applies even if you have reserved one of the front seats and you will not be entitled to a refund of any fee paid for reserving such seat.

19.5 Joining and leaving a service

• (a) You may not board or leave a Service except at the start, or finish, point of your Journey, save for any mid Journey breaks and ill health breaks permitted under Conditions 6.10 above or Condition 6.12 below, or unless permitted by Condition 6.11(c) below.
• (b) If you wish to join your Service at a different location than your start point and you have not amended your Ticket in accordance with these Conditions you will be required to purchase a new Ticket for the Service, subject to space being available on the Service from the different start point to the finish point.

19.6 Ill health breaks

If, after you commence a Journey, you are prevented from travelling further by reason of illness, we will at our discretion permit you to break your Journey at the next available and safe stop, and to resume your Journey on the next Service which has available seats after you become fit to travel again.

19.7 Emergency contact

In emergencies, we recommend that you call the customer service telephone number 0117 457 8561 telephone number displayed on your Ticket.

19.8 Sitting near the emergency exit

For safety reasons, children under 14 are not permitted to sit in the seat located directly in front of the Emergency Exit door.

20. OUR RESPONSIBILITIES

20.1 Our obligation to carry you

We will carry you and your permitted Luggage on the Service permitted by your Ticket, on and subject to these Conditions and any Special Conditions applicable to your Ticket and, except where your Ticket permits travel on a specific Service, subject to availability of a seat on the Service on which you wish to travel. We will use reasonable care and skill in providing the Services, but we cannot guarantee that there will be an available seat on any Service unless your Ticket permits travel on a specific Service.

21. WHAT ARE WE LIABLE FOR?

21.1 What we are not liable for

Except as provided in these Conditions, we shall not be liable to you or any third party for any loss, damage, liability, cost or expense suffered by you or any third party as a result of any alteration, cancellation or withdrawal of any Service by us, or any delay to any Service, or termination of any Service.

21.2 If we cancel your ticket due to your breach

If we cancel your Ticket, and/or refuse to carry you on any of our Services, due to your breach of any of these Conditions and/or any Special Conditions that apply to your Ticket, we will have no obligation to refund the fare nor any other liability to you.

21.3 If we alter, cancel or withdraw a service, other than for your breach

In this case, our liability depends on other factors explained below.

(a) No liability if you have no reservation: If we cancel or withdraw a Service before it has commenced, and you do not have a place reserved on it, we shall have no liability to you or any third party.

(b) Cancellation before Service has begun: If we cancel or withdraw a Service before it has commenced, and you do have a place reserved on it, our liability will be at our option to:-

• (i) cancel the Ticket, and allow you to claim a refund of the full amount of the fare if no portion of the Ticket has been used.

(c) Cancellation after Service has begun: If a Service on which you are travelling commences and is terminated before reaching your destination, our liability will be at our option to:-

• (i) make suitable alternative arrangements to carry you to your destination on another Vehicle or mode of transport, which may not have all of the advertised facilities; or
• (ii) make suitable alternative arrangements to carry you to your destination by another mode of transport as we consider appropriate.

The remedies listed above shall be your sole remedies in circumstances outlined in this Condition 9.2 and, except as provided in this Condition 9.2, we shall not be liable for any loss, damage, liability, cost or expense suffered or incurred by you or any third party as a result of any alteration, cancellation or withdrawal of any Service by us.

21.4 Our maximum liability to you

Subject to Conditions 9.5 and 9.6 our maximum liability to you for any loss, damage, liability, cost and expense, whether in contract, tort (including negligence), for breach of statutory duty or otherwise, arising under or in connection with the contract for your carriage on our Services shall not exceed:

• (a) where Regulation (EU) No 181/2011 applies and we cause loss of or damage to any wheelchair, other mobility equipment or assistive device, the cost of replacement or repair of the equipment or devices lost or damaged;
• (b) £500 in relation to all and any loss or damage to Luggage or other items of property which is not covered by Condition 9.4(a);
• (c) the greater of (i) the cost of your Ticket received by us or (ii) £1,000, in relation to all other losses, damages, liabilities, costs and expenses not covered by Condition 9.4(a) or Condition 9.4(b).

21.5 No exclusion or limitation of liability

Nothing in these Conditions is intended to, or shall, 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 negligence or for fraud or fraudulent misrepresentation. Nothing in these Conditions shall affect your statutory rights.

21.6 Exclusion of liability for certain types of loss

We shall not be liable to you for any loss of revenue, loss of profit, loss of business or opportunity or business interruption, or any indirect or consequential loss.

21.7 Liability in relation to carriage by third party providers

We accept no responsibility or liability whatsoever and howsoever caused for the actions or omissions of such Third Party Provider or any of their employees, agents or contractors (including if that Third Party Provider fails or delays in carrying you on their services) and you shall make your claim for any loss or damage you suffer or incur direct against that Third Party Provider as your contract is with them for your carriage on their service. Without prejudice to the foregoing, to the extent that we are found by any competent court to have any liability to you for any act, omission, negligence, or default of any Third Party Provider then our liability to you shall be as if we had carried you on and subject to these Conditions and that Third Party Provider were our sub-contractor.

22. GENERAL CONDITIONS

22.1 Questions and complaints

If you have any questions or complaints about our Services, please contact us at our call centre phone number 0117 457 8561.

22.2 If you do not get a satisfactory response, you may wish to contact Bus Users UK who specialise in disputes between operators and passengers.

Address: Bus Users England

Princes Exchange,

Princes Square,

Leeds LS1 4HY

Tel: 0300 111 0001

Email: [email protected]

Website: www.bususers.org

22.3 In addition to Bus Users UK, there is also the Traffic Commissioner, who is the industry regulator, and can impose penalties on operators. The Traffic Commissioner can be contacted via Tel: 0300 123 9000, email: [email protected] or write to: Western Area, Jubilee House, Croydon Street, Bristol, BS5 0GB.

22.4 Alternative dispute resolution

Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court.

22.5 You may also want to contact Bus Users UK, who can independently review your case. Bus Users UK’s contact details are: Address – Cobalt Square, 83 Hagley Road, Birmingham B16 8QG, Email address – [email protected] and website – www.bususers.org. Depending on the facts of your case, we may or may not have regard to any process followed by, or recommendations of, Bus Users UK.

22.6 Applicable law and jurisdiction

These Conditions, and your contract with us, are governed by English law and you and we can bring legal proceedings in respect of your contract in the English courts, save that if you live in Scotland you or we can bring legal proceedings in respect of your contract in either the Scottish or the English courts.

22.7 Third party rights

• (a) Unless otherwise stated in these Conditions, no person other than you and us shall have the benefit of or be entitled to rely upon or enforce any of these Conditions or any other term of the contract to carry you and the Contracts (Rights of Third Parties) Act 1999 shall not apply.
• (b) You acknowledge that where you are carried by a Partner Operator for the whole or any part of a Journey, you shall owe your obligations under Conditions 4, 5.2(c), 5.2(f)(i), 6.1, 6.3, 6.4, 6.6 to 6.11 (inclusive), 6.14, 7.2, 7.3, 8.2(b), 11.1 to 11.4 (inclusive) and 12 and any Special Conditions to that Partner Operator as well as to us, and that Partner Operator shall be entitled to the benefit of any rights, remedies or limitations of liability which we have set out in such Conditions and Special Conditions as if they were a party to them.

22.8 Amendments and waivers

These Conditions, and any Special Conditions which apply to your Ticket, may be amended at any time, provided that the versions thereof that were current at the time you purchased your Ticket will be the versions that form your contract with us. None of our, or our subcontractors’, employees, agents or representatives, has authority to alter, modify or waive any of these Conditions or any Special Conditions.

22.9 Severability

Each of these Conditions, and Special Conditions which apply to your Ticket, shall be separate and severable. Should any such Condition or applicable Special Condition (or any part thereof) be illegal, invalid or unenforceable, it shall be severed from these Conditions or the Special Conditions (as appropriate), and the remaining Conditions and applicable Special Conditions (or parts thereof) shall continue in full force and effect and be amended as far as possible to give valid effect to the intentions of the parties under the severed provision.

22.10 Subcontracting

We shall be entitled to subcontract the operation of all or part of the Services to any partner operator.

22.11 Transfer and assignment

We may transfer our rights and obligations under these Conditions and any Special Conditions to any other person. You may not transfer or assign your rights or obligations under these Conditions and any Special Conditions to any other person.

22.12 No waiver

If we delay enforcing these Conditions, or any Special Conditions that apply to your Ticket, including by delaying asking you to comply with them or taking steps against you for non-compliance with them, this will not prevent us from enforcing them against you later in respect of that or any other non-compliance.

23. HIGH DEMAND SERVICES

23.1 Additional services

In the event that customer demand for a particular Journey is sufficient we may, in our entire discretion, run additional Services in response to customer demand.

23.2 High demand service conditions

You will have the option of selecting a High Demand Service, where an option exists, as part of the online booking process and where such an option is selected, You acknowledge that the Journey on the High Demand Service is subject to the following conditions:

(a) a High Demand Service may not be branded in Full Westlink livery.