- Your use of the Site is governed by these Terms so please take a few minutes to read over the Terms below. These Terms form a legally binding agreement between you and us and set out our liability to you, and your liability to us, in the unlikely event that anything goes wrong. If you buy tickets via the Site, that purchase is additionally governed by the National Rail Conditions of Travel*.
- Any personal information you provide to us will be dealt with in accordance with our Privacy and Cookies Policy.
- Information that you provide to us must be accurate. You are responsible for keeping your login details confidential. You confirm that you have authority to use the payment card you use via the Site.
- You must only use the Site in accordance with our acceptable use policy.
- Changes to tickets may be permitted depending on the type of ticket and the availability of alternatives, but exchange may not be available for certain ticket types. Refunds will depend on the type of ticket and conditions applicable to it and may not be available for certain ticket types. Refunds or amendments to tickets may be subject to an administration fee of up to £10.00 per ticket
- If you cannot produce a valid ticket for the class of accommodation and service you use, you will have to pay the appropriate fare or could face paying a penalty fare.
- Network Rail usually carries out engineering work at weekends or Bank Holidays, or occasionally early weekday mornings or late evenings. You are strongly advised to confirm your train times prior to making your journey.
- Customer Support can be contacted on 0345 6000 650
Terms and conditions
https://www.southwesternrailway.com/ is a site operated by First MTR South Western Trains Limited trading as South Western Railway ("SWR", "we" or "us") a company established in the UK with a registered office address at 4th Floor Capital House, 25 Chapel Street, London, NW1 5DH.
Using this site
- Our website (our "Site") and related services are made available to you in accordance with the following terms and conditions ("Terms") whether as a guest or a registered user. Please read these terms carefully before you start to use our Site. We recommend that you print a copy of the Terms for future reference.
These Terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
- These Terms refer to our Privacy and Cookies Policy. which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.
- By using the Site, you confirm that you accept these Terms and, if you buy tickets via the Site that you also accept the National Rail Conditions of Travel*, and that you agree without limitation or qualification to comply with [our Terms and Conditions of Supply and ]the Terms and the National Rail Conditions of Travel*, as appropriate, and acknowledge that any other agreements between you and us are superseded with respect to this subject matter. If you do not agree to these Terms, you must not use the Site.
- We may at any time, and without notice, revise these Terms by updating this page. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms. These Terms cannot be altered by you unless we explicitly agree to such alteration in writing. Where changes are made to the terms relating to our booking service those changes will not affect existing terms accepted by you when making a reservation or purchase through the Site.
- Network Rail usually carries out track maintenance and renewal work at weekends or Bank Holidays, or occasionally early weekday mornings or late evenings. You are strongly advised to confirm your train times prior to making your journey.
- Our Site is made available free of charge.
- The Site offers an impartial service (the "Booking Service") selling every variation of ticket available around Great Britain representing all Train Operating Companies. We do not currently support ferry bookings, supplementary tickets, Motorail services, berth bookings on Caledonian Sleeper services or Eurostar bookings.
- We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We will not be liable to you if for any reason our Site is unavailable at any time or for any period.
- Access to our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. You are responsible for making all arrangements necessary for you to have access to our Site.
- You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
- We reserve the right to make changes to, or withdraw, the Site at any time and without notice.
- You can buy a number of products and services (including through our Booking Service) through the Site. Any additional terms and conditions applicable to sales of those products and services will be brought to your attention before any order for products and services is completed. We may give you the option to subscribe to different services through the Site. Your use of the content received through any such service will be subject to these Terms. Separate terms and conditions apply to prize draws, competitions and promotions that we may run from time to time. We will let you know when you will be subject to any separate terms and conditions.
- If there is a conflict between these Terms and any specific rules and/or terms and conditions which: (i) appear elsewhere on the Site and are stated to take precedence or (ii) form part of a separate agreement between SWR and you, those other terms will take priority.
Your account and password
- We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
- When ordering any products through our Site (including through our Booking Service) you will be asked to complete a registration process. Information you provide on our Site must be complete and accurate. You must not impersonate any other person or entity or use a false name or a name that you are not authorised to use. The information that you submit will be dealt with in accordance with our Privacy and Cookies Policy.
- To access your stored data on our Site, you will need to input your account and password details. You are responsible for keeping those details confidential. If you have concerns about your login details or password or know or suspect that anyone other than you knows your user identification or password, you must promptly notify us using the contact details at paragraph 30.
Use of the Booking Service
- The Booking Service is designed to provide you with travel information, to assist you in determining the availability of travel-related goods and services and to make travel reservations or other travel-related purchases.
- You agree that you will only use the travel information facilities of the Booking Service to find out information for yourself or for another person who intends to use or make use of the Booking Service to purchase travel services.
- You confirm that you have authority to use the credit/debit card details you provide for the purpose of settling any payments you owe to us. You also agree that all information supplied by you in using the Booking Service is accurate and that you will not make any speculative, false or fraudulent reservations. You further agree that you will only use the travel services reservations facilities of the Site to make reservations or purchases for yourself or another person on whose behalf you are legally entitled to act.
- We shall not be obliged to sell tickets or reserve a seat for a person or persons who we have reason to believe may be intending to use it, or the proposed method of payment, fraudulently. You acknowledge that you will be financially responsible for any bookings, which are made through the Booking Service using your account details.
- All season ticket offers are subject to change from time to time and will be updated on the Site accordingly.
- All bookings are subject to these Terms, [our Terms and Conditions of Supply] and the National Rail Conditions of Travel*. You are strongly advised to read [our Terms and Conditions of Supply and ]the National Rail Conditions of Travel*, which contain limitations and exclusions relating to our liability in respect of loss caused by delays or cancellations, as well as loss or damage to, and delay in the delivery or 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 or could face paying a penalty fare.
- The prices quoted on the Site are in Pounds Sterling (£). If you pay for your tickets using a foreign credit or debit card, we are not responsible for the exchange rate and you are advised that changes to your ticket or refunds may be affected by such exchange rate.
- Single Advance fares terms and conditions
Issue of tickets
- With respect to tickets sold by us, we cannot confirm the price of any tickets until such time as you complete your order and your credit/debit card will not be charged until the order has been processed.
- When we have confirmed your booking by e-mail to your registered e-mail address, we will send your tickets or ticket collection number to you using the method you selected when you made your booking.
- On receipt of your tickets we would ask that you check to ensure they are correct and contact Customer Support on 0345 6000 650 if your tickets do not match the information you provided at the time of booking.
Getting your tickets
- We offer a range of methods to get your tickets. The particular options offered for your booking may differ depending on various factors, including ticket type, train operator, method of purchase and whether or not there is sufficient time to reliably post your tickets.
a) UK Standard – We will dispatch tickets by Royal Mail 1st Class post to the address you specify during the delivery process. You should ensure that the address provided is correct.
b) Next Day Delivery – We will dispatch tickets by Royal Mail Special Delivery Guaranteed® to the address you specify during the delivery process. You should ensure that the address provided is correct. You will need to sign for the tickets upon delivery.
c) International Post – We do not send tickets to overseas addresses.
d) Collecting tickets at the station – For many bookings we allow you to collect tickets from a range of stations. You must allow sufficient time to collect your tickets before boarding the train. You must have your ticket collection reference, and (unless stated otherwise) the credit/debit card used to make the purchase as identification. You should note any special collection instructions given during the booking process, for example the station opening hours. If you are unable to collect your tickets (for example due to the ticket machine(s) being out of service) then you should contact the station staff for further assistance. If there are no staff at the station, you should board your booked train, and make yourself known to the on-train staff at the earliest possible opportunity.
e) Self Print – For some bookings we allow you to print your own ticket. You must ensure that you print the ticket clearly on A4 paper and carry the ticket with you when you travel. Tickets are only valid when accompanied by the correct identification selected whilst making the booking. Tickets are non-transferable and you must ensure that no one else is able to obtain and/or print a copy of your ticket. Some train operating companies apply additional restrictions to the use of Self Print – you must note any additional restrictions notified during the booking process.
f) E-Tickets – For some bookings we allow you to travel with paperless tickets delivered to your mobile phone ("E-Tickets"), booked either through the Site, or via our mobile application. When booking E-Tickets via the Site, you must check that your mobile phone is compatible with our E-Tickets by downloading a test ticket where indicated prior to purchase. It is your responsibility to ensure that you carry your mobile phone on the relevant journey and that your phone is charged, functional and that you are able to display the ticket for inspection when you travel. Due to the wide variety of mobile phone handsets and networks we are unable to offer technical support or assistance. You may incur data usage charges from your mobile phone operator for downloading an E-Ticket. You should check with your network provider as to what charges may apply. For identification purposes you must also carry the credit/debit card used to make the booking (If E-Tickets have been booked for more than one passenger, all passengers should travel together and the lead passenger must carry the credit/debit card used to make the booking). We shall not provide duplicate or replacement E-Tickets. The E-Ticket must be stored on your mobile phone until the date and time of travel and such safekeeping shall be your responsibility. E-Tickets are non-transferable. By purchasing an E-Ticket, you agree to cooperate with the train inspector and let him/her clearly view the ticket on your mobile phone and you acknowledge that you may be requested to hand over your mobile phone voluntarily for inspection. If you do not produce your ticket or hand over your mobile phone upon a request to do so by the train inspector, the train inspector shall be entitled to consider that you are travelling without a ticket. It is your responsibility to ensure that your mobile phone has sufficient battery life that you are able to show the ticket at any time during your journey. Some train operating companies apply additional restrictions to the use of E-Tickets – you must note any additional restrictions notified during the booking process. Your mobile phone must be switched on to use it to travel. You should also check that you have enough battery on your phone to complete your journey. If it runs out of battery in the middle of a journey, you may have to pay the appropriate fare or could face paying a penalty fare.
g) Smartcard – For some bookings we allow your ticket to be delivered to your Smartcard. If you are using an existing Smartcard you must ensure that you correctly enter your Smartcard reference number – we cannot amend this after payment has occurred. You must carry your Smartcard with you when you travel. You must ensure that you validate your Smartcard at the start and end of your journey by using either the stand alone validators or ticket barriers as applicable. Some train companies apply additional restrictions to the use of Smartcards – you must note any additional restrictions notified during the booking process.
Changes, cancellations and refunds
- Changes to the date and time of a ticket may be permitted depending on the type of ticket and availability of alternatives, but exchange may not be available for certain ticket types. Refunds will depend on the type of ticket and conditions applicable to it and may not be available for certain ticket types.
- All refunds and amendments will incur a £10 charge.
- To make any changes please login to your account, or contact Customer Support on 0345 6000 650
Collect nectar points
What you need to know
Collect Nectar points on eligible train tickets bought online through any of the following train companies which, together with FirstGroup PLC shall herein be referred to as “FirstGroup”:
You must link your Nectar card number to the 'My Account' section at one of the FirstGroup train companies shown to collect points on train tickets bought online. Once you have linked your card, you will be eligible to collect:
a) 2 points per £1 spent on train tickets bought online (excluding season tickets, Gift Vouchers, Travelcards and PLUSBUS);
The Small Print
1. Train tickets bought through any of our assisted travel helplines will qualify for Nectar points.
2. Bookings for group travel that cannot be completed online will not qualify for Nectar points.
3. Incorrect or invalid Nectar cards or Nectar card numbers will not be awarded points. Customers are responsible for ensuring the details they enter are correct.
4. Points will appear on your account within 28 days of buying your tickets.
5. If you receive a refund, any Nectar points collected will be deducted from your Nectar account within 28 days. Deductions for multiple tickets are calculated on the individual ticket price. You will not be eligible to retain Nectar points in respect of any fee payable in relation to a refund.
6. Points cannot currently be redeemed on any of the FirstGroup websites.
7. All FirstGroup companies reserve the right to:
(a) withdraw at any time any Nectar points that were granted by FirstGroup:
(i) in the case of any fraudulent activity;
(ii) in error - as solely determined by Nectar and/or FirstGroup (for example if the Nectar logo was mistakenly displayed on the view item page of an excluded item);
(b) withhold or delay issuing Nectar points; or
(c) change these terms at any time. Your continued use of your linked account following notice of such change shall be deemed to be your acceptance of any such change. It is your responsibility to check the terms and conditions regularly to determine whether these terms and conditions have been changed. If you do not agree to any change to the terms and conditions then you must immediately stop using your linked account.
8. When you receive points from any FirstGroup train company, you agree to abide by the Nectar collector rules - for more information click here
9. Delivery charges may apply to online purchases for postal delivery. Free ticket collection is available at selected stations.
10. You agree that, except for death and personal injury arising from the negligence of FirstGroup, FirstGroup shall not be liable in contract, tort, negligence, statutory duty or otherwise for any loss or damage whatsoever arising from or in connection with these terms and conditions.
11. FirstGroup shall have the right to immediately terminate these terms and conditions and/or suspend the use of your linked account if you commit a breach of these terms and conditions.
12. Each provision of these terms and conditions shall be construed separately, applying and surviving even if for any reason one or other of those provisions is held inapplicable or unenforceable in any circumstances and shall remain in force notwithstanding the termination of these terms and conditions howsoever occasioned.
13. No waiver by FirstGroup shall be construed as a waiver of any breach of any provision of these terms and conditions.
14. These terms and conditions shall be governed by English law and the parties hereby irrecoverably submit to the exclusive jurisdiction of the English Court. Residents of Scotland may also bring proceedings within a Scottish court of law
Ownership of content
- We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
- You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and, if you are a business user, you may draw the attention of others within your organisation to content posted on our Site.
- You must not 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.
- Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.
- You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
- If you print off, copy or download any part of our Site in breach of these Terms, your right to use our Site will cease immediate, we may at our option suspend or permanently block your access to the Site and you must at our option return or destroy any copies of the materials you have made.
- You are advised that we will enforce our intellectual property rights to the fullest extent permitted by the law, including the seeking of criminal prosecution.
- We do not guarantee that our Site will be secure or free from bugs or viruses.
- You are responsible for configuring your information technology, computer programs and platform in order to access our Site. You should use your own virus protection software.
- You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
Linking to our Site
- Linking to our Site indicates that you accept these Terms and legal restrictions and that you will abide by the guidelines set out below. If you do not accept these Terms or you do not agree to abide by these guidelines, do not link to the Site.
- If you provide hyperlinks to our Site, you agree that you:
a) may link to, but may not replicate, any content;
b) shall not frame or otherwise create a browser or border environment around any content;
c) shall not imply that we are endorsing you or your products or services;
d) shall not misrepresent you or your website's relationship with us;
e) shall not present false, misleading or inaccurate information about us or our products or services on your website or otherwise disparage our products or services;
f) shall not use our logos, trade marks or service marks without our express prior written permission;
g) shall not include content on your website that is or could be construed as illegal, distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any person or otherwise does not comply with all applicable laws and regulations and you shall include on your website only content that is appropriate for all age groups;
h) shall not remove or obscure any of the information, content or notices contained on our Site;
i) shall not link to an internal page of our Site that is located one or several levels down from the home page or bring up or present content of the Site on another website without our prior written permission;
j) shall not link to a website that is not owned by you;
k) shall inform us in writing of the link using the contact details below; and
l) shall immediately discontinue the link if instructed to do so by us.
- We expressly reserve the right to revoke the right granted in this section for any breach of these Terms and to take any further action we deem appropriate in respect of such breach.
- If you wish to make use of any content on our Site other than that set out above, please contact us using the contact details below.
Links to third party websites
- Our Site may contain links to websites owned or operated by parties other than SWR. Such links are provided for your convenience only. If you use these links, you may leave the Site or, alternatively, the link and third party website content may be framed within the Site. We have not reviewed all of these third party websites or such framed content, and do not control, and are not responsible for their operation nor for the content on or privacy policies on, or the security of, such websites.
- Without limiting the foregoing, we specifically disclaim any responsibility if such websites:
a) infringe any third party's intellectual property rights;
b) are inaccurate, incomplete or misleading;
c) are not merchantable or fit for a particular purpose;
d) do not provide adequate security;
e) contain viruses or other items of a destructive nature; or
f) are libelous or defamatory.
- We do not endorse or make any representations about the content or any products or services available on such websites as described at paragraph 55 above or any results that may be obtained by using them. We are not associated with the operators or administrators of such websites. If you access such websites or establish a link to such websites, you do so at your own risk and without our permission.
Contributions to the site
- Where you are invited to submit any contribution to the Site (including any text, photographs, graphics, video or audio) you agree, by submitting your contribution, to grant us a perpetual, royalty-free, non-exclusive, sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution, and in accordance with privacy restrictions set out in our Privacy and Cookies Policy. Any such licence will automatically expire if you delete the content from our Site.
- If you do not want to grant to us the rights set out above, please do not submit your contribution to the Site.
- Furthermore, by submitting your contribution to the Site, you warrant that:
a) your contribution is your own original work and that you have the right to make it available to us for all the purposes specified above and you shall indemnify us against all legal fees, damages and other expenses that may be incurred by us as a result of your breach of this warranty;
b) any moral rights in your contribution are waived by you for the purposes of its submission to and publication on the Site and for the purposes specified above;
c) your contribution is not defamatory; and
d) your contribution does not infringe any law
We may, at our absolute discretion, remove any posting you make on our Site if, in our opinion, it does not comply with our Acceptable Use Policy. [this needs to link to acceptable use section in the document]
- We will not be liable to any third party for the content or accuracy of any content posted by you or any other user of our Site.
- The views expressed by other users of our Site do not represent our views or values.
- We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.
How we may use your personal information
We only use your personal information in accordance with our Privacy and Cookies Policy. Please take the time to read our Privacy and Cookies Policy, as it includes important terms which apply to you.
Our acceptable use policy
- You may download our content, but only for informational, non-commercial, non-profitable and personal use and provided that you do not remove, adapt, alter or obscure any of the information, content or notices (such as copyright and other proprietary notices) contained within it.
- You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use the content (including, but not limited to, "caching" any material on the Site for access by third parties or "mirroring" any material on the Site) in any way except for your own personal, non-commercial use. Any other use of the content or the Site requires our prior written permission.
- Content within the "News" section of the Site may be reproduced solely for editorial purposes in daily newspapers, general circulation news magazines, trade publications and broadcast media.
- You may not distribute, modify, copy (except as set forth above), transmit, display, reuse, reproduce, publish, license, create derivative works from, transfer, sell or otherwise use content without our prior written permission.
- You may not create a database in electronic or structured manual form by systematically downloading and storing any content on the Site.
- As a condition of your access to and use of the Site, you warrant to us that you will not use the Site for any purpose that is prohibited by these Terms or could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law and that you will not use the Site to post or transmit any infringing, threatening, false, misleading, abusive, harassing, discriminatory, liable to incite racial hatred, libellous, defamatory, vulgar, obscene, indecent, scandalous, offensive, inflammatory, blasphemous, pornographic, or profane material or material in breach of confidence or privacy.
- We will fully cooperate with any law enforcement authorities or any court order requesting or directing it to disclose the identity of anyone posting or transmitting any such information or materials. You also agree to inform us as soon as you become aware of any unlawful or prohibited use of the Site by any third parties.
- You are responsible for complying with local laws and regulations of the jurisdiction from which you access the Site. The Site should not be accessed in any jurisdiction where for any reason the publication or availability of the Site is prohibited. We do not represent that the Site complies with laws in all jurisdictions. If you are in doubt, you should seek legal advice and if necessary, terminate your use of the Site immediately.
- You are prohibited from using the Site to advertise or perform any commercial solicitation and are prohibited from posting or transmitting to or from the Site, any material for which you have not obtained all necessary licences or approvals or which is technically harmful (including; without limitation, computer viruses, logic bombs, trojans, worms, harmful components, corrupted data or other malicious software or harmful data).
- You may not misuse the Site (including, without limitation, by (i) hacking; (ii) defacing, altering or interfering with the front end 'look and feel' of the Site; (iii) obtaining or attempting to obtain unauthorised access (via whatever means) to any of our networks; (iv) by taking any action that imposes an unreasonable or disproportionately large load on the Site or related infrastructure; or (v) by using any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Site (including but not limited to uploading or making available files containing corrupt data or viruses via whatever means)
Our responsibility for loss or damage suffered by you
- Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods to you. These limitations and exclusions are set out in our Passengers Charter
- While we have taken all reasonable effort to ensure that the information on the Site is correct, you should be aware that the information it contains may be incomplete, incorrect, or may have become out of date. We do not guarantee that the Site will operate uninterrupted or error-free, that defects will be periodically corrected or that it is compatible with your computer, hardware or software. We neither warrant nor represent that your use of any content will not infringe the rights of any third parties nor that the content will be accurate, complete or up to date.
- We assume no responsibility for any use of or reliance on any content displayed on the Site, for any information not provided on the Site, for inability to use the Site, or for the failure of any of our services offered on the Site, including but not limited to the provision of train service information and the sale of rail tickets.
- We will use reasonable care and skill in carrying out the services contained on the Site. However all content (including the information, names, images, pictures, logos and icons regarding or relating to SWR, its products and services (or to third party products and services) and all products and services are subject to change and are provided to you "as is" and on an "is available" basis without any representations or any kind of warranty made of any kind (whether expressed or implied by law) to the extent permitted by law, including, but not limited to, the implied warranties of suitability, satisfactory quality, merchantability, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
- Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you
You agree to indemnify us against any claims, demands or proceedings brought against us by any third parties if they are a result of your use of the Site or your other actions or omissions or where we suffer any loss or damage as a result of your breach of these Terms. Your "use" of the Site includes any use by third parties where those parties access the Site using your computer. In such circumstances, you agree to pay us all costs, damages and expenses (including reasonable legal fees) awarded against us or otherwise incurred by us, arising from any claims or legal proceedings.
No reliance on information
- The content of the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Site.
- Although we make reasonable efforts to update the information on the Site, we make no representations, warranties or guarantees, whether express or implied, that the content of our Site is accurate, complete or up-to-date.
If any of these Terms is held to be invalid, the remaining terms and conditions shall continue to be valid to the fullest extent permitted by law.
Laws and jurisdiction
If you are a consumer, these Terms and your use of the Site are governed by English law and you can bring legal proceedings in relation to these Terms and your use of the Site in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Terms and your use of the Site in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Terms and your use of the Site in either the Northern Irish or the English courts. If you are a business, these Terms and your use of the Site shall be governed by English law and you and we submit to the exclusive jurisdiction of the English courts.
What else do I need to know?
- Nothing in the content within the Site or materials accessed via the Site, other than these Terms and any other terms which are stated to be legally binding, is intended to form any binding contract. In particular, notes on products, services and the like are stated on an 'invitation to treat' basis (i.e. they are not offers which will become binding upon purported acceptance by you) and are 'subject to availability'.
- If we decide to waive any breach of obligation arising under these Terms, then that does not mean that we have waived any other breach or any future breaches.
- All rights and remedies under these Terms are cumulative and are not exclusive of any rights or remedies provided by law or by any other agreement.
- A printed version of the Site and these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings.
- You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of the Site.
- These Terms are not enforceable under the Contracts (rights of Third Parties) Act 1999 by any person not a party to them.
This document sets out the terms and conditions for the provision of a Wi-Fi service and associated support services (“the service”) by South Western Railway (“South Western Railway”, “SWR”, “we” or “us”) to the general public.
1. The agreement between you and us
2. The service
- SWR offers to provide you with access to the internet via our Wi-Fi service, subject to you accepting these terms and conditions in full. The service includes the provision of support services by a third party
- By using the service you agree to be bound by these terms and conditions in full.
- From time to time we may modify the terms and conditions for using the service. By using the service you agree to be bound by the terms and conditions as they stand at any particular point in time while you are using the service.
3. Your conduct
- To use the service you must have suitable Wi-Fi enabled equipment with appropriate software (“equipment” or “device”). You are responsible for providing this equipment if you wish to use the service. You are responsible for ensuring the compatibility of your equipment with the service. The specification and condition of your equipment may affect your experience of the service. You accept the risk of any failures to your equipment as a result of using the service.
- The service is available to you when your device is within range of our Wi-Fi system. The Wi-Fi system is installed onboard our trains and consequently you may be within range when you’re nearby a train with our Wi-Fi system, such as when you’re onboard another train or when you’re in a station.
- We cannot guarantee availability of the service and we cannot guarantee the service is fault free or fit for any particular service.
- Support services are available to you via telephone if you are having difficulties using the service. These support services are provided to us by a third party and we cannot guarantee their availability or that they will successfully resolve your difficulties.
- The service is provided over a public Wi-Fi network and this has inherent security risks. We cannot guarantee the service is secure, but we have taken steps to make the security risk as low as reasonably practicable. By using the service you assume all responsibility and risk for use of the service.
- We will endeavour to maximise availability of the service, but we may need to withdraw or reduce the availability of the service from time to time. The service is dependent on the train having a good signal from the local mobile telephone network transmitters and receivers therefore we cannot guarantee full service all the time. There will be interruptions to the service when the train passes through tunnels and cuttings and other features that block the signals to and from the local transmitters and receivers. We cannot guarantee that data such as emails and web pages will be sent and received satisfactorily.
- If we suspect you are not complying with these terms and conditions or are attempting to transmit a virus or similar program or file, we reserve the right to immediately, and without notice, suspend your access to the service.
- The speed of data transmission to and from your device is dependent on numerous factors and the accuracy and timeliness of data sent or received cannot be guaranteed. By using the service you accept that delays or omissions may occur when sending and receiving data.
- We cannot guarantee that any particular virtual private network will be compatible with the service.
- The Wi-Fi service is provided to you free of charge to you, however any telephone calls you may make to the telephone support line may be chargeable. We reserve the right to change our pricing structure from time to time.
4. Content disclaimer
- The service is provided on the basis that you use it responsibly. You accept that there may be children or vulnerable people nearby who can see or hear how you are using the service.
- You must not use the service for anything unlawful, immoral or improper.
- You agree that you will stop using, or modify your use of the service if requested to do so by any employee of SWR.
- You agree that while using the service you will not disturb other people nearby with excessive noise, alarming imagery, threatening behaviour or sudden movements.
- You agree not to send or receive data, files or programs that may be harmful in any way to the service or to the equipment other people are using to access the service.
- You agree not to attempt to modify the service in any way.
- You agree not to infringe upon the privacy of others while using the service. This includes the transmission of still or moving imagery of other people nearby.
- You accept that we may restrict access to specific websites or content genres at our discretion. You accept that we may modify these restrictions from time to time.
- SWR does not control, nor is it in any way liable for, data or content that you access or receive via the service. You accept that we are not responsible for restricting access to data or content that may offend or upset you.
- SWR is not responsible for managing or screening any data or content sent or received while using the service.
- We are only liable to you as set out in this agreement. We have no other duty or liability to you.
- We are not liable to you in any way for any loss of income, loss of business or profits, consequential losses, or for any loss that was not reasonably foreseeable at the time you entered this agreement. Specifically, we shall not be liable for any deficiency in performance caused in whole or in part by any act or omission of an underlying carrier or service provider, dealer, equipment or facility failure, network problems, lack of coverage or network capacity, acts of God, strikes, fire, war, terrorism, riot, emergency, government actions or any other cause beyond the control of SWR.
If you have any questions about these Terms, please write to us at:
Freepost SWR CUSTOMER RELATIONS
*From 1st October 2016 the National Conditions of Carriage has been superseded by the National Conditions of Travel