Terms and Conditions
YOUR ATTENTION IS DRAWN TO THESE CONDITIONS WHICH YOU SHOULD READ PRIOR TO MAKING A RESERVATION OR ENTERING INTO ANY CONTRACT WITH SERCO CALEDONIAN SLEEPERS LIMITED.
1. Our Agreement
1.2. All booking and journeys with us are subject to, and by using this Service you agree to be bound by, these Terms and Conditions, our Guest Experience Charter, and the National Rail Conditions of Travel.
2. About Us
2.1. Serco Caledonian Sleepers Limited is a company registered in Scotland (with company registration number SC477821). Our registered office can be found at Basement and Ground Floor Premise, 1-5 Union Street, Inverness, IV1 1PP.
2.2. SCSL has been awarded the franchise to operate the Caledonian Sleeper service between England and Scotland by Transport Scotland for 15 years from 1st April 2015.
2.3. SCSL has chosen Assertis (“Assertis”) to provide the retailing system for our train tickets online and by telephone. Assertis is accredited by the Association of Train Operating Companies, on behalf of National Rail and the individual train operating companies.
2.4. Please contact our Guest Service Centre for any matters relating to your journey via the “Contact us” details on our website.
3. Use of the Service
3.1. Our Service is an impartial point of sale for tickets available from all train operating companies across Great Britain. The best value products for travel on Caledonian Sleepers services will always be available directly through Caledonian Sleepers.
3.2. The Service and our associated travel information facilities are provided for personal, non-commercial use by yourself and/or on behalf any other individual.
3.3. The Service is provided on an “as is” and “as available” basis. We cannot guarantee that the full Service will be available at all times or at any specific times or that it will be uninterrupted and/or error free. We accept no responsibility for data, part completed bookings or messages lost or misdirected due to interruption or performance issues with the Service.
3.4. There may be times of the day where it is necessary to update and / or maintain our online services. When this is the case, we shall endeavour to make customers aware if they are part way through a transaction that maintenance is about to take place, and advance notice will be placed on the website where possible.
3.5. We use reasonable efforts to ensure information provided via the Service is complete and accurate, but in so far as liability may be placed upon us by the Consumer Rights Act 2015 or any other statutory provision, no warranty or guarantee is given or implied as to the quality of the information, products and services offered or their fitness for any particular purpose or that they will meet your personal needs, whether these requirements are known to us or not. Our staff are happy to provide advice about tickets, and any restrictions concerning their use.
3.6. In some circumstances, there may be certain fees and charges payable in addition to your ticket price. These will be clearly identified during the booking process. You will be responsible for any taxes or other fees incurred when purchasing a ticket using this Service, including any charges levied by a network provider, mobile operator or similar service provider.
3.7. You must be over 18 or have the consent of your parent/guardian to use the Service. By using the Service you warrant that you are legally entitled to provide the personal details of the guest, to use the relevant payment process and that you will be bound to pay all associated charges for the Service.
3.8. Guests under the age of 16 are not permitted to travel alone and must be accompanied by a responsible adult at all times.
4. Ticket Issue
4.1. All tickets will be issued in accordance with the information provided by you, including your destination, departure and arrival times, connections and any required personal or financial information. Please ensure that you check your confirmation email once received and contact the Guest Service Centre immediately should there be an error. We will not be liable for any compensation, expenses, claim or other loss arising from or in connection with any inaccurate, incorrect or incomplete information provided by you.
4.2. Tickets are subject to availability and we cannot confirm the price or details of any reservation until your order is completed. You will not be charged until your booking has been successfully processed and aim to send all booking confirmation emails and e-tickets within 24 hours. If you think you have not received your confirmation or e-ticket, please check your Junk/Spam folder prior to contacting the Guest Service Team.
4.3. Please take care of your ticket(s). No ticket(s) will be reissued, replaced or refunded if lost or stolen once delivered to you.
5. Ticket Delivery
5.1.1. An eTicket enables guests to show their ticket(s) to on board Hosts on their compatible device such as a smartphone or tablet screen.
5.1.2. eTicket(s) will only show the name of the Lead Guest and are not individual to each guest.
5.1.3. If you select this options for delivery, the confirmation email you will receive will have two attachments from which to choose:
(a)A PDF document to be displayed on a compatible device, but which can also be printed to take with you; or
(b)A PK pass, allowing for ticket download to your digital wallet application.
6. Your Journey
6.1. We endeavour to provide up to date journey information on our website including any disruption or changes to times and we will try, should time permit and we have the necessary contact details, to get in touch with guests directly should such matters arise. You are responsible for verifying such information prior to departure and ensuring that you are able to complete your journey including checking for disruption due to bad weather, strikes, engineering works or other reasons.
6.2. We are unable to provide accurate transit times for travel on urban networks such as the London Underground. Please check for these details with the relevant organisation prior to booking, particularly in relation to early morning or late evening travel options.
6.3. It is important that you have a valid ticket for your journey. If you cannot produce a valid ticket for the class of accommodation and service that you are using, you may be unable to travel or be obliged to pay the appropriate fare plus a penalty charge.
6.4. Where applicable, you must travel with the railcard that was used with a ticket purchase and/or qualified you to benefit from any reduced prices, discounts or promotions. Failure to do so may result in a guest being required to purchase a new ticket.
6.5. Your ticket will not be accepted if: it is defaced in any way, it is reasonably believed not to be genuine, or it is being used in contravention of these Terms and Conditions, the National Rail Conditions of Travel or other applicable regulation.
7. Cancellations and refunds
7.1. You will be advised at the point of sale of the terms which apply to each type of ticket offered by Caledonian Sleepers or National Rail, including whether a cancellation and refund option would be available. You can find further details about our ticket types and refunds in our Guest Experience Charter and under the ‘Help’ section on our website.
7.2. Refunds will be paid by the company from which you bought the ticket and availability will be subject to the conditions of the train operator who prices the fare.
7.3. We cannot directly amend a ticket reservation. If you wish to do this, your ticket will need to be cancelled and rebooked in accordance with the refund policy applicable to your ticket.
7.4. Refunds from Caledonian Sleepers may incur an administration fee of up to £10 per ticket. Refunds shall be for the ticket price only and will not include reimbursement of other associated charges such as booking, delivery or card payment fees.
7.5. We endeavour to process all applications within 10 days of receipt and you will be contacted to confirm if your claim is approved. We are not obliged to process any cancellations or refunds if such requests are believed to be fraudulent.
7.6. Please note that time restrictions for refund applications may apply. Save for the situation set out in paragraph 8.1 below, we will only accept refund requests as shown on our refunds page on www.sleeper.scot/refunds
7.7. For more details about refunds, including the refund application process, please refer to the Refunds section on our website.
8. Journey Disruption
8.1. If you decide not to travel due to your train being cancelled, its departure delayed by over 60 minutes or your reservation will not be honoured, you will be entitled to a full refund without an administration charge from the company you purchased your ticket(s) from.
8.2. Your Delay Repay entitlement will depend on the train operator you travelled with and the arrangements set out in their passenger charter. Please refer to our Guest Experience Charter for full details of Caledonian Sleepers Delay Repay compensation scheme, which is available at our Inverness lounge or online.
8.3. Please note that Caledonian Sleepers tickets when bought directly from us are sold as single fares. If you have purchased a return journey, your maximum Delay Repay entitlement will be limited to the relevant cost of the affected part of the journey.
9. Use of Website sleeper.scot
9.1. Our website sleeper.scot is made available for use by the general public. These terms incorporate our policy for acceptable use of our website which applies to all users of, and visitors to, our site. If a breach of this policy occurs, we may take such action as we deem appropriate.
9.3. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
9.4. Although we make reasonable efforts to ensure the information on our site is complete, we make no representations, warranties or guarantees that the content on our site is accurate or up to date and we do not guarantee that our site will be secure or free from bugs or viruses.
9.5. Licence to use website
9.5.1. Unless otherwise stated, all the intellectual property rights in these works including the website and the material published on it vest in SCSL or our licensors.
9.5.2. You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions below.
9.5.3. You must not:
(a) republish material from this website (including republication on another website);
(b) sell, rent or otherwise sub-license material on the website;
(c) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
(d) redistribute material from this website except for content specifically and expressly made available for redistribution (such as our newsletter)
(e) 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.
9.6. Acceptable use
9.6.1. You may use our site only for lawful purposes. You may not use our site
(a) For any purpose that is unlawful or prohibited by these terms, conditions and notices.
(b) In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
(c) To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (Spam).
(d) To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
(e) Not to access without authority, interfere with, damage or disrupt: any part of our site; any equipment or network on which our site is stored; any software used in the provision of our site; or any equipment or network or software owned or used by any third party.
10. Liability Disclaimer
10.1. The National Rail Conditions of Travel apply to all domestic (non-international) journeys by scheduled passenger train services of SCSL and other Train Operating Companies (TOCs) on the National Rail Network and outlines the minimum level of service you are entitled to expect. If an issue arises with your journey, please contact the relevant TOC with which you travelled.
10.2. We recommend that you obtain personal travel insurance prior to your journey. You should ensure that you have adequate insurance cover for the entire journey, including to cover any delayed or missed travel connections or hotel bookings.
10.3. SCSL will only be liable to you for loss or damage which is a direct, foreseeable consequence of a breach by us of this agreement. Loss or damage is foreseeable if it is a natural and obvious consequence of breaching the agreement, or it is discussed, considered and agreed that a party would take additional responsibility for a particular risk. For the avoidance of doubt, we will not agree to accept any responsibility except as set out in these terms or otherwise implied by your consumer rights. Merely informing an employee or other member of our staff of a particular risk will not constitute acceptance by us of responsibility and we will not provide any guarantees as to a specific risk.
10.4. We will not be responsible for indirect loss or damage which may have occurred as a side effect of the main loss and could not be considered a reasonably foreseeable risk at the time you entered this agreement.
10.5. SCSL will not be liable under this contract in circumstances where
10.5.1. The loss or damage arose due to the fault of the guest including your negligence, illegal activities, or failure to follow our instructions (oral or in writing) or
10.5.2. The loss or damage was due to the guest misusing, altering or abusing the Service.
10.5.3. The loss of damage was due to the fault of a third party (that is, a party other than an employee or agent of SCSL)
10.5.4. Such loss or damage was unusual and arose in circumstances beyond the control of SCSL;
10.5.5. The loss or damage was an unforeseeable result of any such breach;
10.6. Nothing in the Terms and Conditions shall exclude or limit the liability of either party for death or personal injury resulting from its own negligence, nor for any other liability that cannot be excluded or limited at law, specifically as they relate to your statutory rights as a customer.
10.7. Except as provided above, we shall not be liable to you by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the Service, if the delay or failure was due to any cause beyond our reasonable control. If we fail to deliver your ticket in sufficient time prior to departure and such failure was due to any events within our control, you shall be entitled to elect for reimbursement for the cost of the ticket purchased or a travel voucher of equivalent value to be used on an alternative service.
10.8. To the extent permitted by law, the aggregate liability of SCSL in respect of any direct loss or damage suffered by you and arising out of or in connection with the use of the Service shall be limited to the total value of the ticket purchased.
10.9. We are not liable for the information provided by third parties and used in the Service, including train and journey times, routes, ticket types, prices and connections for National Rail products, nor third party compliance with their own respective terms and conditions.
11. General conditions
11.1. These terms and conditions including our Delay Repay scheme does not limit or exclude your legal rights as a consumer to pursue a claim under the Consumer Rights Act 2015 or otherwise.
11.2. These Terms and Conditions constitute the entire agreement of the parties and supersede and extinguish any and all preceding and contemporaneous agreements, representations, warranties and arrangements of any nature, whether in writing or oral, between you and SCSL.
11.3. No variation or waiver of any provision of these Terms and Conditions shall be effective or apply to your use of the Service unless agreed in writing and signed by a Director of SCSL. If we choose not to take action against you for a breach of these Terms and Conditions, that will not be considered as a waiver of any subsequent breach of the same or any other provision.
11.4. We shall provide the Service subject to these Terms and Conditions but we may subcontract any part of the Service.
11.5. SCSL reserves the right to amend these Terms and Conditions at any time, but such changes will not affect the terms existing and accepted by you at the time you elected to use or are using the Service. We may amend any error provided that the correction does not materially affect the Service.
11.6. If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions and the remainder of the provision in question shall not be affected.
11.7. If you pay for the Service using a non-UK credit or debit card, then that purchase will be subject to the exchange rate and you will be responsible for any effect that may have on the ticket or your purchase.
11.8. Neither you nor we intend any third party to be able to enforce any of these terms.
11.9. These Terms and Conditions shall be governed by and construed in accordance with the laws of Scotland and you agree to submit to the exclusive jurisdiction of the Scottish courts, unless otherwise prescribed by the National Rail Conditions of Travel.
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