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Terms and Conditions
of Trading
BLUEDOG/BOOKYOURTRAVEL & QJUMP LIMITED
ON LINE TICKET PURCHASE TERMS AND CONDITIONS
These terms and conditions apply if you wish to use the Qjump on
line ticket purchasing service.
This Agreement ("Agreement") is made between:-
Qjump.co.uk ("we" or "us") a company registered
in England and Wales, Company Number 4124436 whose registered office
is 75 Davies Street, London, W1K 5HT and can be contacted on 08450
787337, or such other number as we may notify to you from time to
time or by e-mail at customer.services@qjump.co.uk; and
The User ("you"), the person, corporation, association,
agency, company or other entity whose details are set out in the
Ticket Purchase page.
1. DEFINITIONS
1.1 In this Agreement the following words shall have the following
meanings:-
"designated stations" means any of the stations from
which you may collect your tickets prior to the commencement of
your journey as listed on the Journey Booking page as varied by
us from time to time.
"national rail conditions of carriage" means the conditions
of carriage relating to all tickets and all journeys by scheduled
passenger train services of the Train Companies (as such term is
defined in such conditions) on the rail network of Great Britain;
"special conditions" means any additional or special conditions
relating to a particular ticket (including any restrictions as to
the services, dates, days of the week, and times in the day on which
travel is permitted, and any conditions as to cancellation or refunds)
as set out in any of our notices, offers or publications;
"ticket" means any ticket issued by us, through your use
of our ticket booking facility for your selected journey over the
rail network of Great Britain;
"working day" means a day other than a Saturday or Sunday
on which the clearing banks in England and Wales are open to the
public for the transaction of business.
2. TICKET BOOKING AND DESPATCH SERVICE
2.1 Supply by us: We agree to provide the online ticket booking
and ticket despatch service to you (the "service") subject
to these terms and conditions and the national rail conditions of
carriage which are reproduced on this site.
2.2 Special Conditions: You should note that all bookings are subject
to the special conditions in respect of each individual ticket,
as specified in the Journey Planning page.
2.3 Standard of Service: We will supply the service to you with
reasonable care and skill.
3. ISSUE OF TICKETS
3.1 Scope of Service: You may make a reservation for individual
travel or for any group travel for up to a maximum of eight people
including children at any one booking. If you wish to make reservations
for more than eight people or you have special requirements you
should ring this number 08450 787337, or contact us by e-mail customer.services@qjump.co.uk.
3.2 Confirmation of Booking: Your booking or reservation will be
confirmed by e-mail to the e-mail address which you have provided
on the Ticket Purchase page. The e-mail will set out all the details
of your booking including date and time of the journey and the price
of the ticket and your booking reference number. This service is
an invitation to you to make an offer only and no contract shall
come into effect until we send out the confirmation of booking to
you.
3.3 Despatch of Tickets: Once you have made your booking or reservation
and it has been confirmed, your ticket will be despatched to the
address you have provided in the Ticket Purchase page by first class
post PROVIDED THAT you make your reservation no later than three
full working days prior the date of your intended journey and your
postal address is within the United Kingdom.
3.4 Collection of Tickets: If your intended journey is within three
working days of your booking, but at least one working day prior
to your booking, or your postal address provided on the Ticket Purchase
page is outside the United Kingdom or you have indicated on the
Journey Planning page that you wish to collect your ticket(s), we
will make available your ticket(s) for collection at the designated
station of your choice as set out in the Journey Planning page.
You will be informed of the point of collection of your ticket(s)
on the Journey Planning page and in the confirmation of booking
e-mail.
3.5 Proof of Identity: We will only release possession of the ticket(s)
to a named ticket holder and will only authorise the ticket personnel
to release the ticket(s) if you bring either the credit card used
in the booking transaction or your booking reference number as provided
in your confirmatory e-mail to the ticket collection point.
3.6 Late Collection: We do not accept liability if you miss your
train due to your failure to arrive at a designated station in sufficient
time for the collection of your tickets prior to the stated journey
departure time.
3.7 Complaints Procedure: If you are not satisfied with any aspect
of our service, you can tell us by writing to our Customer Relations,
Qjump, 1st Floor, Milton House, Sheffield, S1 4NX or via e-mail
customer.services@qjump.co.uk. We will repond to any comments or
queries that you tell us about within 7 working days of receipt
of the same.
4. YOUR OBLIGATIONS
4.1 General Obligations: You shall only access our web site for
lawful purposes and you shall be responsible for complying with
all applicable laws, statutes and regulations in connection with
the use of our web site.
4.2 Information Provided: The information you provide in the Registration
page must be complete and accurate.
4.3 Use of the Ticket Booking Service: You may only use this service
to make legitimate bookings or reservations with us.
4.4 Customer Responsibility: You confirm to us that you are 18 years
of age or over and have the legal capacity to enter into this Agreement
with us and that all information you provide in respect of your
use of the service is true and accurate to the best of your knowledge
and belief. You are responsible for the security of your password
and for all transactions entered into using your password through
our service. You confirm that you are the authorised user of the
credit or debit card used in this transaction.
5. CHARGES
You shall pay the price of the ticket as stated on the Journey Planning
page with any of the credit or debit cards listed on the Ticket
Purchase page, by keying in your details on the proforma provided.
6. LIABILITY
6.1 Limitation of Liability: We shall not be liable to you save
as expressly provided for in these terms and conditions and shall
have no other obligations, duties or liabilities whatsoever in contract,
tort or otherwise arising out of the use of the service or connection
to the web site.
6.2 Accuracy of Information: We shall use reasonable endeavours
to check the accuracy of the information published on this web site.
We give no warranty as to the accuracy of such information given
on our web site (other than fraudulent misrepresentation) and reserve
the right to amend and vary the contents of this web site from time
to time. We will send you notification of any amendments to these
terms and conditions to your e-mail address as provided in the Registration
page.
6.3 Maximum Liability: Subject to Clause 6.4 the maximum amount
of our liability to you for all loss or damage arising out of your
use of our web site and the service whether in contract or tort
(including any liability for negligence howsoever arising out of
or in connection with the performance of our obligations in the
provision of the web site and this service) shall be limited to
the value of the ticket purchased through your use of this service.
6.4 Exclusion of Liability: We shall not be liable to you for any
of the following types of loss or damage arising out of your use
of our web site and the service whether in contract or tort (including
any liability for negligence howsoever arising out of or in connection
with the performance of our obligations in the provision of the
web site and this service):-
(a) loss of revenue, business, anticipated savings or profits; or
(b) any indirect or consequential loss howsoever arising.
6.5 Consumer Rights: Nothing in this Agreement shall:-
(a) exclude our liability for death or personal injury resulting
from our negligence or the negligence of our employees or agents;
or
(b) exclude the terms and conditions and warranties of S12 of the
Sale of Goods Act 1979 and where you deal as a consumer, the conditions
implied by Sections 13-15 inclusive of the said Act and by Sections
3 and 4 of the Supply of Goods and Services Act 1982; or
(c) where you deal as a consumer, affect your statutory rights.
6.6 Exclusion of other Warranties/Remedies: You acknowledge and
agree that in entering into the Agreement you do not rely on and
shall have no remedy in respect of any statement, representation
or warranty given by any person (including as to condition, quality
and fitness for purpose). ALL warranties implied by statute, common
law, custom or otherwise as to the standard of the service and the
accuracy of any information (other than fraudulent misrepresentation)
provided on this web site are hereby excluded.
6.7 Force Majeure: We shall not be liable to you in respect of any
delay in performance of these terms and conditions or delay in performance
or breach of the terms and conditions due to any event or circumstances
beyond our reasonable control.
7. TERMINATION
7.1 Our Termination Rights: We reserve the right to terminate the
Agreement if you use the service for any purpose that is unlawful
or prohibited by these terms and conditions.
7.2 Consequences of Termination: We may at any time in our sole
discretion terminate or temporarily suspend your access to all or
any part of the web site.
7.3 Notification of Termination: If we suspend your access to all
or any part of our web site or if we terminate the Agreement we
will send you notification of our intention via your e-mail address
or by letter to the address you provided on the Registration page.
Termination will occur at the time you are deemed to receive our
notice.
7.4 Survival following termination: In the event we terminate this
Agreement with you the following clauses shall survive termination,
Clauses 3, 5, 6, 7, 8, 9 and 10.
8. EXCHANGE OR REFUND OF TICKETS
8.1 Exchange: You are not entitled to exchange your ticket, except
in circumstances expressly permitted by the national rail conditions
of carriage or the special conditions of each ticket type. Please
telephone 08450 787337 or contact us by e-mail customer.services@qjump.co.uk
if you wish to exchange your ticket.
8.2 Refund: You are not entitled to a refund on your ticket except
in circumstances expressly permitted by the national rail conditions
of carriage or the special conditions of each ticket type.
8.3 General rules for refunds: In any case where we are obliged
to provide a refund or exchange the following conditions will apply:-
(a) When you must make the refund or exchange claim: As soon as
you know that you cannot make your intended journey, please let
us know by e-mail at customer.services@qjump.co.uk quoting your
booking reference and details of your revised journey plans. You
must make your claim for a refund yourself and you must provide
reasonable proof of your identity and purchase and return all tickets
for refund or exchange. If you have a ticket which covers more than
one person, the claim for a refund must be made by all of these
persons at the same time. You are only entitled to a refund if you
have paid the fare which is being refunded;
(b) Where claims should be directed: You must inform us of your
revised journey plans by e-mail as set out in Clause 8.3(a) above
and you may contact us by e-mail or through our telephone helpline
on 08450 787337 to inform us that you wish to make a claim for a
refund and then submit your claim for a refund in writing together
with your ticket to Qjump, Refunds Department, 1st Floor, Milton
House, Charter Row, Sheffield S1 4NX;
(c) Time Limits: Your claim for a refund must be made within the
time specified in the national rail conditions of carriage or the
special conditions of your ticket;
(d) Conflict of Terms: In the event of any conflict between the
national rail conditions of carriage and the special conditions,
the special conditions shall prevail;
(e) Refund Charge: We may make a reasonable administrative charge
for giving a refund and cancelling your ticket except if the refund
was made because of a cancellation or withdrawal of a service. We
may deduct from the amount of any refund, any amount which we are
entitled to charge for giving that refund;
(f) Form of Refund: All refunds will be paid in accordance with
the national rail conditions of carriage or the special conditions
and monies due back will be refunded to the credit or debit card
used in the transaction;
(g) Effect of Refund: If we give you a refund, your ticket will
be cancelled and the carrier shall have no further obligation to
carry you using that ticket.
9. USE OF TICKET
9.1 You must check your ticket: You must check your ticket(s) for
errors as soon as you receive it. If an error has occurred and the
ticket(s) do not comply with the information set out in the e-mail
confirmation, you must inform our help desk by e-mail customer.services@qjump.co.uk
or telephone on 08450 787337 of any errors no later than 2 working
days after you receive your tickets. You must send to us a copy
of your e-mail confirmation along with your ticket(s), in order
that we may correct any such errors. If you fail to inform us of
any errors by the required time, then your ticket(s) will be assumed
to be correct and we will have no further obligation to remedy any
ticket errors.
9.2 You must travel with a valid ticket: You must travel with a
valid ticket in respect of the class of accommodation and particular
service that you are using. You will be considered to have travelled
without a valid ticket if you travel without a ticket at all, or
you travel on any service on which your ticket does not permit travel
in breach of the individual terms and conditions of the ticket,
or the national rail conditions of carriage, or you travel after
the expiry date of your ticket, or further than your ticket permits.
9.3 Effect of travelling without a valid ticket: If you travel on
any service without a valid ticket, you will be asked to buy a valid
ticket at the appropriate price and in addition may be charged a
penalty fare by the carrier.
9.4 Exclusion of liability for cancellation of trains: PLEASE NOTE
THAT THE NATIONAL RAIL CONDITIONS OF CARRIAGE APPLY WHICH CONTAIN
LIMITATIONS AND EXCLUSIONS RELATING TO THE LIABILITY OF THE TRAIN
COMPANIES TO THE CUSTOMER IN RESPECT OF LOSS OR DAMAGE CAUSED BY
THE DELAY OF AND/OR CANCELLATION OF ANY TRAIN, BY ANY MISSED CONNECTION,
OR CLOSURE OF THE RAILWAY.
10. GENERAL
10.1 Governing Law: This Agreement and your use of the web site
is governed by English Law and the English courts shall have exclusive
jurisdiction.
10.2 Entire Agreement: This Agreement including any document referred
to herein constitutes the entire agreement between us and you in
respect of your use of this service.
10.3 Third Party Rights: Nothing in this Agreement shall be taken
as granting any rights expressly or implicitly whether contractual
or statutory to persons other than us or you, including without
limitation rights granted under the Contracts (Rights of Third Parties)
Act 1999.
10.4 Notices: Any notice given by either us or you under these terms
and conditions shall be properly given if in writing and sent by
first class post or e-mail to the address of the intended recipient
as stated in these terms and conditions and the address you provided
in the Registration page. Such notice shall be deemed to be served
in the case of postal notice, on the expiry of 48 hours from the
time of posting, and in the case of electronic mail at the time
it is received at the intended recipients mail server and is accessible
by them.
10.5 Severability: Each of the provisions of these terms and conditions
shall be separate and severable. Should any provision be invalid
or unenforceable, it shall be severed from the terms and conditions,
and the remaining provisions of these terms and conditions shall
continue in full force and effect and be amended so far as possible
to give valid effect to the intentions of the parties under the
severed provision.
10.6 Waiver: The failure to exercise or delay in exercising any
right or remedy under this Agreement shall not constitute a waiver
of the right or remedy or a waiver of any other rights or remedies
under this Agreement or at law. A waiver by us of any terms or conditions
in any instance should not be considered to be a waiver of any term
or condition for the future or of any subsequent breach.
10.7 No partnership: Nothing in this Agreement shall operate so
as to create a partnership or joint venture of any kind between
us and you.
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