1.1 When the following words with capital letters are used in these Conditions, this is what they will mean:
1.1.1 Event Outside Our Control: is defined in clause 9.2;
1.1.2 Filming of Children Consent Form: the form which We may ask you to sign to consent to the filming of children during the provision of the Experience for the purpose of marketing and publicity;
1.1.3 Order: your order for the Experience;
1.1.4 Experience: carriage and entertainment on board the Dartmoor Railway’s Polar Express Ride pursuant to and, as set out in, your Order;
1.1.5 Conditions: the conditions set out in this document; and
1.1.6 We/Our/Us: Dartmoor Railway CIC (Company Number 03610168) whose registered office is at Stanhope Station, Station Road, Stanhope, Bishop Auckland, County Durham, DL13 2YS.
1.2 When We use the words “writing” or “written” in these Conditions, this will include e-mail unless We say otherwise.
2. LEGAL ENTITY AND HOW TO CONTACT US
2.1 Dartmoor Railway CIC is a community Interest Company registered in England and Wales whose registered office is located at Stanhope Station, Station Road, Stanhope, Bishop Auckland, County Durham, DL13 2YS. Registered number: 03610168.
2.2 We are a company registered in England and Wales. Our company registration number is 03610168 and Our registered office is at Stanhope Station, Station Road, Stanhope, Bishop Auckland, County Durham, DL13 2YS.
2.3 If you have any questions or if you have any complaints, please contact Us. You can contact Us by telephoning Our customer service team at 08000 23 23 83 or by e-mailing Us at info@DartmoorPolarExpressRide.com.
2.4 If you wish to contact Us in writing, or if any clause in these Conditions requires you to give Us notice in writing (for example, to cancel the contract), you can send this to Us by e-mail, by hand, or by pre-paid post to Dartmoor Railway CIC at Stanhope Station, Station Road, Stanhope, Bishop Auckland, County Durham, DL13 2YS. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address you provide to Us in your Order.
3. OUR CONTRACT WITH YOU
3.1 These are the Conditions on which We supply the Experience to you.
3.2 Please ensure that you read these Conditions carefully, and check that the details on your Order are complete and accurate, before you submit your Order. If you think that there is a mistake, please contact Us to discuss. You must inform us of any errors no later than 2 working days after you submit your Order.
3.3 When you submit your Order to Us, this does not mean We have accepted your Order for the Experience. Our acceptance of your Order will take place as described in clause 3.4. If We are unable to supply you with the Experience, We will inform you of this and We will not process your Order.
3.4 These Conditions will become binding on you and Us when We issue you with an email acceptance of an Order, at which point a contract will come into existence between you and Us.
3.5 We shall assign a confirmation number to your Order and inform you of it when We confirm your Order. Please quote the order number in all subsequent correspondence with Us relating to your Order.
3.6 Your Order permits you to collect the tickets detailed on your Order at the date and time of the Experience specified on your Order upon presentation of proof of your Order to Us. Your ticket permits you passage on board the Experience on the date and time stated on your Order.
4. CHANGES TO ORDER OR CONDITIONS
4.1 We may revise these Conditions from time to time in the following circumstances:
4.1.1 changes in how We accept payment from you; and
4.1.2 changes in relevant laws and regulatory requirements
5. PROVIDING THE EXPERIENCE
5.1 We will supply the Experience to you on the date set out in your Order.
5.2 You should collect your tickets for the Experience at least 30 minutes prior to the departure time given on your Order for the Experience. We shall not be liable to you if you miss the Experience as a result of your late arrival, and shall not be obliged to hold up the Experience to wait for you, or to provide a seat to you on the Experience at another date and time.
5.3 We will make every effort to complete the Experience at the time set out in your Order. However, there may be delays due to an Event Outside Our Control. See clause 9 for Our responsibilities when an Event Outside Our Control occurs.
5.4 We may have to suspend the Experience if We have to deal with technical problems, or to make improvements to the Experience. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency. You do not have to pay for the Experience while it is suspended under this clause 5.4.
5.5 We will not be obliged to allow any child less than 18 years of age on board the Experience unless that child is accompanied by a responsible person aged 18 or over. Unaccompanied children under the age of 18 will not be allowed to board. You may be asked to present valid proof of age prior to boarding the Experience.
5.6 Children over the age of 12 must purchase an adult ticket. If you are unable to produce valid proof of age when asked to do so, you may be refused travel on board the Experience.
6. IF THERE IS A PROBLEM WITH THE EXPERIENCE
As a consumer, you have legal rights where the Experience is not carried out with reasonable skill and care. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Conditions will affect these legal rights.
7. PRICE AND PAYMENT
7.1 The price of the Experience will be set out on our website or literature at the time We confirm your Order. Our prices may change at any time, but price changes will not affect Orders that We have confirmed with you.
8. OUR LIABILITY TO YOU
8.1 If We fail to comply with these Conditions, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Conditions or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and Us at the time we entered into this contract.
8.2 Our maximum liability to you for any reasonable and foreseeable loss, damage or liability set out under Clause 8.1 which you may suffer or incur as a result of Our breach of the Conditions or Our negligence shall be limited to the price that you have paid for the tickets.
8.3 We only supply the Experience for domestic and private use. You agree not to use the Experience for any commercial, business or re-sale purpose, and We have no liability to you for any indirect or consequential loss, loss of profit, loss of business, business interruption, or loss of business opportunity.
8.4 We do not exclude or limit in any way Our liability for:
8.4.1 death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
8.4.2 fraud or fraudulent misrepresentation;
8.4.3 breach of the Conditions implied by section 2 of the Supply of Goods and Experience Act 1982 (title and quiet possession);
8.4.4 breach of the Conditions implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
8.4.5 defective products under the Consumer Protection Act 1987.
8.5 By entering into this agreement, you agree;
8.5.1 that you, and those due to travel with you, are fit to do so;
8.5.2 that you will notify Us in writing if you have any physical disability or medical condition which may require special assistance during the trip; and
8.5.3 to the filming of you and those you travel with (including children) and for these films to be used in Our promotional material, subject to you agreeing with and signing the Filming of Children Consent Form
9. EVENTS OUTSIDE OUR CONTROL
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Conditions that is caused by an Event Outside Our Control.
9.2 An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
9.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Conditions:
9.3.1 We will contact you as soon as reasonably possible to notify you; and
9.3.2 Our obligations under these Conditions will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our performance of the Experience to you, at Our sole discretion We will either restart the Experience as soon as reasonably possible after the Event Outside Our Control is over or We will refund your payment for the Experience.
10. YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND
10.1 Before We provide the Experience, you may only cancel an Order because and, only if, We change these Conditions under clause 4.1 to your material disadvantage. If you have made any payment in advance for the Experience that has not been provided to you, We will refund these amounts to you in full in the event of such a circumstance.
11. OUR RIGHTS TO CANCEL AND APPLICABLE REFUND
11.1 Subject to clause 9, We may cancel the contract for the Experience at any time as a result of an Event Outside Our Control.
11.2 We may cancel the contract for the Experience at any time by providing you with at least 14 calendar days’ notice in writing. If you have made any payment in advance for the Experience that has not been provided to you, We will either, at Our sole discretion, provide an alternative date for the Experience or, if this is not possible, refund these amounts to you.
11.3 We may cancel the contract for the Experience at any time with immediate effect by giving you written notice if you break the contract in any material way and you do not correct or fix the situation within 10 days of Us asking you to in writing. If you do this, no refund will be payable and We will not be obliged to provide you with an alternative date for the Experience.
12. HOW WE MAY USE YOUR PERSONAL INFORMATION
12.1 We will use the personal information you provide to Us to:
12.1.1 provide the Experience;
12.1.2 process your payment for the Experience; and
12.1.3 inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us, or by ticking the relevant tick box during the Order process.
12.2 Your personal data (including details of and copies of your travel documentation) given to Us by you or Our agents or representatives may be kept on record by Us or Our agents or representatives.
13. PASSENGER BEHAVIOUR
13.1 We wish to make the Experience as comfortable and enjoyable as possible for all of Our customers. Therefore, We ask that you (and any children under your control):
13.1.1 behave in a reasonable and lawful manner at all times during the Experience;
13.1.2 comply with any reasonable request from a member of Our staff; and
13.1.3 be considerate when using mobile phones.
13.2 You agree that you shall not:
13.2.1 be abusive or threatening to any of Our staff or any other person;
13.2.2 conduct yourself in a way which may endanger yourself, the carriage or any person or property on board;
13.2.3 obstruct any member of Our staff in the performance of their duties or fail to comply with their reasonable instructions;
13.2.4 behave in a manner which causes discomfort, inconvenience, damage or injury to other persons;
13.2.5 obstruct or allow any of your belongings to obstruct any aisle or emergency exit;
13.2.6 play any music players, musical instruments or electronic devices, that are audible and distracting or annoying to any person, or which interfere with, or render less audible, any public address system or other equipment;
13.2.7 take on board the carriage, any alcoholic drinks or drugs (other than medicines) for the purpose of consuming during the Experience;
13.2.8 bring a dog or any other animal on board the Experience. However, we do allow trained assistance dogs on board the Experience;
13.2.9 board the carriage whilst under the influence of alcohol or drugs; or
13.2.10 smoke (including electronic cigarettes) on board the carriage.
13.3 If you fail to comply with Clause 13.1 and 13.2 We shall be entitled to remove you from the carriage, refuse you further use of the Experience, cancel your ticket without refund, and take any further steps as We may consider necessary in the circumstances. If We consider it necessary we will contact the Police or other relevant security service. We reserve the right to refuse carriage on board the Experience, either on a one-off or permanent basis, to anyone We consider a nuisance or danger to Our passengers or Our staff.
13.4 We will use Our reasonable endeavours to ensure that other passengers behave appropriately during the Experience however, We will not be liable to you for any act or omission of any other passenger during the Experience. You are responsible and liable for any passenger under the age of 18 who accompanies you.
14.1 You must look after any luggage at all times whilst on board the Experience.
14.2 Collapsible manual wheelchairs will be carried free of charge.
14.3 We may require you, at the sole discretion of the station master, to leave oversized items on the station platform for storage during the Experience. Please note, we will not be responsible for any loss or damage to items left on the platform during the Experience. We therefore advise you do not bring any valuables with you that you may not be able to carry on board with you.
14.4 If you take any of these items on board the Experience, we will advise you and We will remove them from the carriage immediately on discovery. If you take any prohibited items of luggage on board the Experience, We shall not be liable for any loss or damage to such items for any reason whatsoever.
14.5 We shall be entitled to inspect all of your luggage, for the purpose of ensuring compliance with the requirements under Clause 14.5. We shall be entitled to remove your luggage from on board the Experience if you refuse to submit to a search.
14.6 If We are notified that you have left behind or lost any of your luggage on board the Experience We shall take reasonable care of that luggage if and when it is located.
14.7 If we find any of your luggage, We will store it, at your risk, at such location as We decide. We may charge you a reasonable administration fee for the storage and return of your lost luggage.
14.8 If you have not collected your lost luggage within 1 month of Our receiving or finding it, We may dispose of it as We wish. We shall be entitled to open and examine any left or lost luggage. If there are any items which We consider are dangerous or perishable, or otherwise unsuitable for storage, We shall be entitled to dispose of those perishable items within 48 hours of Our receiving or finding such items.
14.9 If you find any property of any other person during the Experience you must hand it over to Us immediately.
14.10 If during the Experience you lose any of your luggage, or any of your luggage is damaged, you must notify a member of Our staff within 24 hours of your journey by calling Us on 08000 23 23 83. Alternatively, you can write to Us within one week at Okehampton Station, Station road, Okehampton, EX20 1EJ. If you do not notify Us as required of any loss or damage to your luggage then We will not be liable for that loss or damage.
15. OTHER IMPORTANT CONDITIONS
15.1 We may transfer Our rights and obligations under these Conditions to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Conditions.
15.2 This contract is between you and Us. No other person shall have any rights to enforce any of its terms.
15.3 Each of the paragraphs of these Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.4 If We fail to insist that you perform any of your obligations under these Conditions, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
15.5 These Conditions are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.