Agreement between the customer and The Rail Mall
This web site and content (together, the "Web Site") is offered as a service to you, the customer, on behalf of the various merchants (known as "the Merchants") by The Train Chartering Company Ltd (known as "The Rail Mall"). Your use of this Web Site constitutes your agreement to all terms, conditions and notices contained on the Web Site. If your use of this Web Site is as a result of an agreement between your employer / firm and The Rail Mall ("Your Employer's Agreement") then to the extent that these terms and conditions conflict with the terms and conditions of Your Employer's Agreement, the terms and conditions of Your Employer's Agreement shall prevail. If you do not agree with the applicable terms and conditions then you are not authorised to use this Web Site.
Your privacy is important to us. We will only use the information that we collect about you lawfully, in accordance with the Data Protection Act 1998.
The details which you provide about yourself and any other information which identifies you ("Personal Information") are held on the system. These details may be used for operational purposes and to personalise your shopping experience by using your purchases and browsing activity to make recommendations to you about products and services that we think may be of interest to you.
In order to process a booking, reservation, travel insurance or other product, your Personal Information may be passed to third party service providers (including train operators, others in the rail industry and travel insurance product providers) and, where we are lawfully requested to do so, regulatory authorities. Such third party service providers will have access to the Personal Information needed to perform the relevant service. They may not, however, use your Personal Information for any other purposes and are required to process your Personal Information in accordance with the Data Protection Act 1998.
We may use your Personal Information to inform you of new features, services, products and special offers from The Train Chartering Company Ltd, The Rail Mall and selected partners. We will however not pass your Personal Information to any third party other than the Merchants. If you do not wish to receive such information you may choose not to do so by e-mailing us at email@example.com.
You agree that any successor operator of either The Train Chartering Company Ltd's or The Rail Mall's businesses may use your personal information on the same basis as we do.
We will not disclose your personal details to third parties except as outlined above or in the unlikely event that we are required to do so by court order or other legal requirement. Please note that we may transfer your data to persons outside the EEA, but we will only do so in accordance with applicable data protection legislation.
You confirm that you will only enter personal information about yourself and that such information is true.
- per-session cookie - these are used while you are logged on to the Web Site to help us monitor traffic through the site and do not store any personal information;
- auto logon cookie - this stores some personal information in order to allow you to log on automatically; and
- "looker" cookie - this stores historic data about your visits to our site and allows us to personalise your shopping experience and make recommendations to you about products and services that we think may be of interest to you.
In no circumstances do we collect any data that is not directly related to the use of the Web Site (so, for example, we do not record other sites that you have visited).
With most web browsers it is possible to configure your Internet browser so that it can refuse new cookies, prompt you to accept a cookie or disable cookies altogether. How you do this will depend on the Internet browser you use (for example Internet Explorer 5, Netscape etc). Be advised that, by refusing to accept The Rail Mall cookies our Web Site may not operate correctly. For further details on cookies we recommend that you visit www.allaboutcookies.org.
If you would like details of the personal information we store about you, please write to:
The Train Chartering Company Ltd, 24 Twyner, Horley, Surrey RH6 9XW
Limitation of Use
This Web Site is for your use either on a personal basis or pursuant to Your Employer's Agreement. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from this Web Site.
Copyright and Trademark Notices
The Rail Mall logo is the property of The Train Chartering Company Ltd. Other product and company names featuring in the Web Site may be the trademarks of their respective owners.
All contents of this Web Site, including any software, are protected by copyright. No part of the site may be reproduced in any form whether electronically or otherwise without the prior consent of The Rail Mall, other than temporarily in the course of using The Rail Mall service or to keep a record of a transaction entered into using The Rail Mall service.
You shall not create a hypertext link to the Web Site or "frame" the Web Site, except with the express advance permission of The Rail Mall.
Train Chartering Company & The Rail Mall are trading names of The Train Chartering Company Ltd Limited a company registered in England (No. 3633836), whose registered office is at 24 Twyner, Horley, Surrey RH6 9XW.
The Rail Mall uses reasonable endeavours to check the accuracy of information published on this Web Site. You should note however that The Rail Mall does not warrant that such information will be error free and the user acknowledges that the information, products, and services published on this Web Site may include inaccuracies or typographical errors. Changes are periodically made to the information herein. The Rail Mall and/or its respective suppliers may make improvements and/or changes in this Web Site at any time.
The Rail Mall and/or its respective suppliers make no representations about the suitability of the information, products, and services contained on this Web Site for any purpose. The Rail Mall shall use reasonable care and skill in carrying out the services contained in this Web Site. To the maximum extent permitted by law, The Rail Mall and/or its respective suppliers hereby disclaim all warranties, terms and conditions with regard to this information, products, and services, including all implied warranties, terms and conditions, by statute, collaterally or otherwise, of satisfactory quality, fitness for a particular purpose, title, and noninfringement. In no event shall The Rail Mall and/or its suppliers be liable for any loss of profit, loss of opportunity, loss of business, loss of revenue, wasted time, wasted costs, indirect, incidental, special, or consequential loss arising out of or in any way connected with the use of this Web Site or with the delay or inability to use this Web Site, or for any information, products, and services obtained through this Web Site, or otherwise arising out of the use of this Web Site, whether based on contract, tort, strict liability or otherwise, even if The Rail Mall or any of its suppliers has been advised of the possibility of damages. Except in relation to liability for death or personal injury, for which no limit applies, the liability of The Rail Mall and/or its respective suppliers for direct loss arising out of the use of this Web Site, whether based on contract, tort, strict liability or otherwise, is limited to the total value of the transaction under which the claim arises for any one event or series of connected events.
This does not affect your statutory rights as a consumer.
No unlawful or prohibited use
As a condition of your use of this Web Site, you warrant to The Rail Mall that you will not use this Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
The Rail Mall may suspend, block or terminate your access to the Web Site, in its absolute discretion.
Links to third party sites
This Web Site contains hyperlinks to Web sites operated by parties other than The Rail Mall. The operation of such web sites is entirely outside The Rail Mall's control and you proceed at your own risk. The Rail Mall does not endorse or sponsor the products, services or content you access through any linked site.
Use of ticket booking and other services
The Web Site is provided to offer you, via the Merchants, products, services and travel, to assist you in determining the availability of rail travel-related goods and services and to make legitimate reservations or other travel-related purchases and for other bona fide customer purposes. You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement (including instructing the Merchants to collect any payments from a credit card or billing account) and to use this Web Site in accordance with all terms and conditions herein. You agree to be financially responsible for all of your use of this Web Site (as well as for use by others). You also warrant that all information supplied by you in using this Web Site is true and accurate. Without limitation, any speculative, false or fraudulent reservation or any reservation in anticipation of demand through this Web Site to the Merchants is prohibited. You agree that the travel services reservations facilities of this Web Site shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorised to act. You understand that overuse or abuse of the travel services reservation facilities of the Merchants via this Web Site may result in you being denied access to such facilities.
Bookings & Purchases
All bookings and purchases are subject to individual, varying ticket & purchase terms and conditions, as posted by the Merchants on their respective web sites. Customers are strongly advised to read these and the conditions of carriage where relevant of the Merchants.
Issue of tickets & dispatch of products
When your booking or order has been confirmed by the Merchant, your purchase will be dispatched by the Merchant as specified by the Merchant when you confirmed your order.
It is your responsibility to check that the tickets issued to you are accurate, or that the products you receive are those you purchased. We are only responsible for offering you the products, services or travel of the Merchants.
Changes, cancellations and refunds
It may be possible to change the date and time of a ticket depending on the type of ticket and availability of alternatives but exchange will not be possible in respect of some types of ticket. It may be possible to change the purchased product or service. Please refer to the individual ticket terms and conditions of the Merchants.
If you choose not to use a ticket, refunds will depend on the conditions applicable to each ticket type and refunds may not be available for certain ticket types.
Use of tickets
Conditions of carriage apply to rail travel, generally available on the web sites of the relevant Merchants.
These contain limits and exclusions relating to the liability of the train companies in respect of loss caused by the delay and/or cancellation of any train, by any missed connection or by the closure of the railway as well as in respect of loss or damage to, and delay in the delivery of luggage and its contents.
If you cannot produce a valid ticket for the class of accommodation and service that you are using you will have to pay the appropriate fare and a penalty fare may also be payable.
Modifications to these terms and conditions
The Rail Mall reserves the right to change the terms, conditions, and notices under which this Web Site is offered. This right shall not effect the existing terms and conditions accepted by you upon making a legitimate reservation or purchase using this Web Site.
You or, where you are booking pursuant to Your Employer's Agreement, your employer/firm will be responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this Web Site.
Any rights not expressly granted herein are reserved.
This agreement is governed by the laws of England. You hereby consent to the exclusive jurisdiction of the English courts in all disputes arising out of or relating to the use of this Web Site. Use of this Web Site is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Rail Mall as a result of this agreement or use of this Web Site.
The Rail Mall's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of The Rail Mall's right to comply with law enforcement requests or requirements relating to your use of this Web Site or information provided to or gathered by The Rail Mall with respect to such use. You agree that The Rail Mall may provide details of your use of the Web Site to regulators or police or to any other third party, or in order to resolve disputes or complaints which relate to the Web Site, in The Rail Mall's complete discretion.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
This agreement constitutes the entire agreement between the customer and The Rail Mall with respect to this Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and The Rail Mall with respect to this Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The Train Chartering Company Ltd, Benwell House, Preston Wiltshire, SN15 4DX