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Terms and conditions

TravelHero App Terms and conditions

Version 1.5 – October 2017

 

1. Information about us and these Terms & conditions

We are TravelHero Limited (TravelHero, we, us and/or our), a company registered in England and Wales, (registered no. 1940333, VAT no. GB 435 7578 19), whose registered office is at One Stockport Exchange, 20 Railway Road, Stockport SK1 3SW. We own and operate the TravelHero App (the App).

You can find all our contact details at www.travelheroapp.com. If you wish to contact us for any reason, please contact us by email at support@travelheroapp.com.

This page sets out the terms and conditions (Terms) on which we will sell mobile tickets for journeys with travel operators to you through the App. These Terms also govern your use of the App.

Before buying any mobile tickets through the App, you will be asked to acknowledge your agreement to these Terms. Please read these Terms carefully and make sure that you understand them before accepting the Terms and buying any mobile tickets through the App.

If you refuse to accept these Terms, you will not be able to purchase mobile tickets through the App and should immediately stop using the App.

If you are purchasing mobile tickets on behalf of someone else, you must ensure that you have their authority to accept these Terms on their behalf.

We act on behalf of travel operators in booking your journey with the relevant travel operators. We are not a travel operator and are not providing you with a travel service. Please see section ‎16 of these terms for more information.

 

2. Your use of the App

When you use the App, it is your responsibility to ensure that all of the details you provide to us are correct and accurate, including name, contact details, pick-up location, pick-up time, number of passengers, drop-off location and any other requirements for your journey.

If you have purchased a mobile ticket for a pre-booked private hire vehicle (Cab) and have requested to be collected “now”, the relevant travel operator may contact you directly using the contact details provided by you in order to confirm the estimated pick-up time.

You are responsible for allowing sufficient time to complete your journey when purchasing any mobile ticket through the App.

Journey times provided on the App are estimates only, as actual timings are dependent on many factors which are outside of our control, including traffic and weather conditions.

When travelling using mobile tickets purchased through the App, you need to exercise common sense and discretion about your safety, particularly when travelling alone, at night and/or in remote areas.

If you are using the App without Wi-Fi, you may be charged by your mobile provider for the cost of data while accessing the App, or incur other third party charges. You are fully responsible for any such charges.

If you are not the bill payer for the device on which you’re using the App, it is your responsibility to obtain permission from the bill payer before accessing or using the App on that device.

The App is currently available on iOS – the requirements for this system (and for any additional systems which we decide to extend the availability of the App to) may change, and you will need to download the updates if you want to keep using the App.

We may not always update the App so that it is relevant to you and/or works with the version that you have installed on your device. You agree to always accept updates to the App when offered to you.

The App is directed to users residing in the United Kingdom. We do not represent that content available on or through the App is appropriate for use or available in other locations.

Special offers, competitions and/or other promotions made available through the App may be subject to additional terms and conditions. Please check the App carefully for details.

 

3. How we use your personal information

We only use your personal information in accordance with our Privacy Policy (which can be found under the 'More' menu in the App). Please take the time to read our Privacy Policy, as it includes important terms which apply to you.

 

4. The App and its content

The App, including all software, design, text, graphics, images, sound recordings, animation, data any other item or content within the App (collectively referred to as the TravelHero Materials) are owned by or licensed to us.

The TravelHero Materials are protected by UK and foreign intellectual property laws. Unauthorised use of the TravelHero Materials may result in violation of copyright, trade mark, and other laws.

Except as otherwise permitted under these Terms, no use of the TravelHero Materials is permitted without our prior written consent.

You may not sell, transfer, assign, license, sublicense, or modify the TravelHero Materials or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the

TravelHero Materials in any way for any public or commercial purpose. The use or posting of any TravelHero Materials on any other website or in a networked computer environment for any purpose is expressly prohibited.

If you violate any part of this Section ‎4, your right to access and/or use the App shall automatically terminate and you shall immediately destroy any copies you have made of the TravelHero Materials.

The trade marks, service marks, and logos of TravelHero (TravelHero Trade Marks) used and displayed on the App are registered and unregistered trade marks or service marks of TravelHero.

Other company, product, and service names located on the App may be trade marks or service marks owned by third-parties (Third-Party Trade Marks, and, collectively with TravelHero App Trade Marks, Trade Marks).

Nothing on the App or in these Terms should be construed as granting any license or right to use any Trade Marks displayed on the App (including as part of a link to or from any website) without our prior written consent.

 

5. Information may not always be accurate

We use third parties, such as, Apple, Google and travel operators to provide data on which the transport information and recommendations in the App are based.

We and our partners try to make sure that the data is correct and up to date, but cannot guarantee that it always will be.

Accordingly, we and our data providers do not accept any responsibility or liability for any error or omission in the information available or the recommendations made through the App and exclude all liability for any action you may take or loss you may suffer as a result of relying on any information made available through the App.

 

6. Third-party websites

Links in the App may lead to websites which are not operated and/or controlled by TravelHero. We accept no responsibility or liability in respect of the material on any website which is not operated and/or controlled by us.

 

7. Information about mobile tickets

The areas where mobile tickets are valid can be found at www.travelheroapp.com.

Mobile tickets are valid as advertised within the App on each ticket’s applicable terms and conditions for travel, which are provided by the relevant travel operator.

We do not guarantee that we will be able to provide you with a mobile ticket for your journey and reserve the right to reject any purchase which you wish to make.

We also do not guarantee that the travel operators will be able to fulfil your requirements for a journey.

The information you submit through the App only provides us with limited data and no guarantee can be given that any mobile ticket purchased by you through the App is suitable (or the most suitable) for your journey.

Mobile tickets must be activated by you in order to travel. We will notify you via the App as to when you can activate your mobile ticket.

Mobile tickets can be activated in the “My tickets” section of the App and will remain active for a period of time relative to the estimated journey time.

Mobile tickets are (and will remain) the property of TravelHero. You will need to present your mobile ticket to the travel operator at the point of travel and at any other time requested by a transport operator official or driver.

If you are unable to present your mobile ticket (for example, if you forget or lose your device, your device is stolen or the device is not sufficiently charged) or you otherwise fail to present a valid mobile ticket for the entire journey:
(a) the travel operator may decline to fulfil your journey;
(b) you may be required to pay a fare and/or penalty to the travel operator; and
(c) we will not be responsible or liable if you are unable to travel or incur any such additional fares and/or penalties

 

8. Prices

The App is provided to you free of charge. We may introduce a fee for use of the App in the future, but if we do we will notify you first and allow you to either continue using the App or terminate your account.

You will be charged for any mobile tickets which you decide to purchase through the App. The prices of the mobile tickets will be as quoted on the App at the time you make your purchase.

We take all reasonable care to ensure that the prices of mobile tickets are correct at the time when the relevant information was entered onto the system, but we cannot guarantee that they always will be.

Prices for the mobile tickets may change from time to time, but changes will not affect any purchases you have already made. All prices for the mobile tickets are inclusive of VAT.

Please note that products available within the App are for a selected ticket range only and alternative ticket types and fares to those sold through the App are available directly from the travel operators. Please contact the travel operators directly for more information.

Since journey solutions can be obtained using a number of different products and channels, no guarantee can be given that the price you pay for mobile tickets purchased through the App will be the cheapest price available for the journey planned.

 

9. Offers and promotions

From time to time, we may make offers or promotions available to users of the TravelHero app.

These offers will be subject to any specific terms and conditions set in addition to these terms and conditions and may be suspended, altered or withdrawn at any time at our discretion and TravelHero’s decision will be final.

 

10. How to buy a mobile ticket

The App will guide you through the steps you need to take to buy a mobile ticket.

Your purchased mobile tickets can be found in "My tickets" when you are logged into the App.

Once you have purchased a mobile ticket, it cannot be cancelled or changed except in accordance with Section ‎13 below.

 

11. Payments

We facilitate your payments for mobile tickets on behalf of the travel operators. Payments for mobile tickets will be due immediately and we will facilitate payment as soon as possible using the preferred payment method designated in your account.

If your preferred method of payment has expired or is otherwise unsuccessful (for example if the payment is declined by your card issuer), we will not be able to provide you with the mobile ticket(s).

Certain payment transactions are handled by our trusted partners – please see our Privacy Policy for more details.

 

12. Delivery of mobile tickets

Mobile tickets purchased by you through the App will only be delivered to (and can only be used on) the device on which they are purchased.

If the device is lost, damaged or stolen, we cannot refund or replace any active or unused mobile tickets you have on that device.

 

13. Amendments to your journey

Unfortunately we are unable to make or accept any changes to mobile tickets once they have been issued.

Our purchase process allows you to check and amend any errors before completing your purchase. Therefore, please take the time to carefully read and check your order before buying your mobile ticket.

If your requirements change, you may be able to cancel your mobile ticket(s) and purchase a replacement. Please see Section ‎13 below for details of our cancellation and refunds policy.

 

14. Cancellation and refunds

Mobile tickets can be cancelled by you through the App as long as they have not been activated and have not expired.

If you cancel a mobile ticket for a Cab journey before the Cab is dispatched by the travel operator to collect you, you will not be charged a cancellation fee and shall receive a full refund.

However, if you cancel after the Cab has been dispatched by the travel operator to collect you, you will be charged a cancellation fee which will be deducted by us from any refund due to you.

If you cancel a mobile ticket for a bus journey, you will not be charged a cancellation fee and shall receive a full refund.

If the travel operator cannot fulfil your journey, we may cancel and withdraw the mobile ticket and, in such circumstances, will provide you with a full refund for the cost of the mobile ticket.

 

15. Complaints

If you have a complaint regarding our service or the App, please contact support@travelheroapp.com.

If you have a complaint regarding a journey or the services provided by a travel operator, you must raise the complaint directly with the travel operator who will attempt to resolve it in a reasonable manner.

However, if the travel operator is unable to resolve the complaint within a reasonable period of time, please contact us at support@travelheroapp.com.

 

16. Our right to vary these terms

These Terms are accessible at any time by accessing the “More” menu on the App. However, we may alter these Terms from time to time and post the new version on our App, following which all use of the App and the sale of mobile tickets through the App will be governed by that most recent version of these Terms.

It is your responsibility to check the Terms on the App regularly and prior to making any purchase.

Every time you buy mobile tickets from us through the App, please check the most recent version of these Terms on the App to ensure you understand the terms and conditions which will apply at that time.

 

17. Limiting our liability

The App is provided on an “as is” and “as available” basis and we do not make any representation or give any warranty of any kind in respect of the App or its content.

In particular, we do not give any warranty as to the accuracy, suitability, reliability, completeness, performance, fitness, freedom from viruses or other harmful content or timeliness of the content or services contained on the App.

You acknowledge and agree that in entering into these Terms you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person.

Nothing in these Terms shall, however, operate to limit or exclude any liability for fraud.

The App and the mobile tickets provided to you through it are for domestic and private use only. We accept no responsibility or liability arising from any use of the App for any commercial or business purposes.

Because the App is provided free of charge, we accept no responsibility or liability arising in connection with your use of, or inability to use, the App.

It is important to note that we act on behalf of operators in booking your journey with the relevant travel operators and providing you with a mobile ticket which they then use to validate your journey with them.

We are not a travel operator and are not providing you with a travel service. As such, we do not accept any responsibility or liability to you for:

(a) the travel operators or the services or journeys they provide to you; or

(b) any damage to any of your goods or property during transit.

All travel using mobile tickets purchased through the App is subject to the terms and conditions of travel of the travel operator.

Copies may be obtained directly from the travel operators and are also available through the App.

We shall not be liable to you in any way if we are unable to perform any of our obligations to you due to failure of any technical systems or for any other reasons beyond our reasonable control including, war, terrorism, government action, natural disaster, and industrial dispute.

If you suffer any other harm or loss under, or in connection with, these Terms as a result of our negligence or breach of these Terms, our aggregate liability to you shall not exceed £500.

Notwithstanding the above, nothing in these Terms shall exclude or limit our liability to you if something we do negligently causes death or personal injury, if we commit fraud or for anything else which cannot be excluded or limited under English law.

 

18. Termination

We reserve the right to restrict, suspend, or terminate these Terms and your access to all or any part of the App or the TravelHero Materials at any time and for any reason without prior notice or responsibility.

We also reserve the right to change or discontinue all or any part of the App or the TravelHero Materials at any time without prior notice or responsibility.

Unless we tell you otherwise, upon any termination, (a) the rights granted to you under these Terms will end; and (b) you must stop using the App, and (if needed) delete it from your device.

 

19. Other Terms

Even if we delay in enforcing these Terms, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaching these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

Each of the Sections and paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining Sections and paragraphs will remain in full force and effect.

These Terms are between you and us and cover the sale and delivery of mobile tickets and you use of the App. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

Unless otherwise stated in these Terms, you may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

These Terms are governed by English law and you can bring legal proceedings in respect of the App in the English courts.

If you live in Scotland you can bring legal proceedings in respect of the App in either the Scottish or the English courts.

If you live in Northern Ireland you can bring legal proceedings in respect of the App in either the Northern Irish or the English courts.