Avanti West Coast Smartcard terms & conditions
These Terms and Conditions (“T&Cs”) apply in respect of your use of your Avanti West Coast Smartcard. Please read these T&Cs carefully before you start to use your Avanti West Coast Smartcard. By using your Avanti West Coast Smartcard, you confirm that you accept these T&Cs and that you agree to comply with them.
These T&Cs should be read in conjunction with the following additional terms, which also apply to your use of your Avanti West Coast Smartcard and which are incorporated into our contract with you:
Avanti West Coast’s Privacy Policy
Train Ticket Sale Terms and Conditions;
and
National Rail Conditions of Travel
In these Terms and Conditions, reference to “Avanti West Coast”, “we” and “us” shall mean Avanti West Coast Limited (trading as Avanti West Coast), and reference to “you” shall mean you, the Avanti West Coast Smartcard registered account holder. A “Linked Cardholder” refers to a user whose Avanti West Coast Smartcard is linked to your online account with Avanti West Coast.
Your Avanti West Coast online account
In order to get a Avanti West Coast Smartcard, you can eitherregister for a Avanti West Coast Smartcard account at smart. Avanti West Coast-online.co.uk . You will be able to use your Avanti West Coast Smartcard account to update the contact details that we hold for you and, where applicable, view details of any journeys made by you using your Avanti West Coast Smartcard (including the location, date and time the Avanti West Coast Smartcard was used);
As part of our security procedures, you will be asked to choose a username and password (“Login Details”) for your Avanti West Coast online account. You are responsible for keeping your Login Details confidential and you must not disclose them to any third party. You agree to take all reasonable precautions to prevent unauthorised or fraudulent use of your Login Details, online account and/or Avanti West Coast Smartcard. If you know or suspect that anyone other than you knows your Login Details, you must promptly notify us by calling 0345 528 0253.
We have the right to disable, suspend or terminate your Avanti West Coast online account (and/or any Avanti West Coast Smartcards used in connection with your account) at any time, if in our reasonable opinion you or any Linked Cardholder has failed to comply with any of the provisions of these T&Cs.
We do not guarantee that your Avanti West Coast online account or the Site, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of your Avanti West Coast online account and/or the Site without notice. We will not be liable to you if for any reason your online account and/or the Site is/are unavailable at any time or for any period.
Using your Avanti West Coast Smartcard
Before you start your journey, you must purchase a valid rail ticket (“Ticket”) either from selected Avanti West Coast self-service ticket machines or a ticket office window, in which case the Ticket will be loaded directly onto your Avanti West Coast Smartcard, or via the Site, in which case the Ticket will be available for collection from the gateline or at an smartcard enabled Avanti West Coast self-service ticket machines at your selected station. The Ticket will be activated when you “tap-in” with your Avanti West Coast Smartcard at the applicable gateline barrier at your selected station at the start of your journey.
At the start and end of every journey, you must place your Avanti West Coast Smartcard on or near the Avanti West Coast Smartcard reader (located on the gateline barrier – if available) in order to “tap-in” and “tap-out”. The reader will confirm that the Avanti West Coast Smartcard has been properly read by making an audible “bleep” and showing a green light.
In order to be valid for travel, your Avanti West Coast Smartcard must have a valid Ticket for the journey you intend to make loaded and activated before you start your journey. If you do not purchase a Ticket for your entire journey you may be liable to pay a penalty fare or be subject to prosecution.
Should your Avanti West Coast Smartcard not have a photograph of you on it, in order to be valid for travel with a season ticket loaded, it must also be accompanied by photo id, a payment card or another form of id matching the name on the front of the smartcard.
Avanti West Coast staff may inspect your Avanti West Coast Smartcard and (where applicable) your Valid name matching ID at any time and you must show it to them upon request.
All Tickets purchased via your Avanti West Coast Smartcard are covered by and subject to the National Rail Conditions of Travel, which are available to read on the Site.
Your Avanti West Coast Smartcard is for the use of the person named on the card only and is not transferable.
We reserve the right to suspend or terminate operation of Avanti West Coast Smartcards at any time and for any reason and we will use reasonable endeavours to provide prior notification to you of such events.
Linked Cards
For your convenience, it is possible to link multiple Avanti West Coast Smartcards to a single online account (“Linked Cards”), and having done so you will be able to use your online account to purchase tickets for such Linked Cards
It is your responsibility to ensure you have the cardholder’s permission before you link their card to your account, and to ensure they understand and accept all these terms and conditions. Cardholders must consent to you, as the account holder, having access to the cardholder’s travel history and being able to view any journeys made.
An Avanti West Coast Smartcard can only be linked to a single online account at any moment in time.
If you lose your Avanti West Coast Smartcard or if it is stolen
The loss, theft or failure of any Avanti West Coast Smartcard must be reported to us as soon as possible by calling 0345 528 0253 or in person at any Avanti West Coast ticket office. The Avanti West Coast Smartcard will then be cancelled to prevent others from using it; which will take 48 hours to come into effect. As a basic security check we will ask you to confirm your identity and other details before we cancel your Avanti West Coast Smartcard and order a new one to be issued.
We shall have no liability whatsoever for any unauthorised use of a lost or stolen Avanti West Coast Smartcard which occurs in the period up until the card is reported to us as lost or stolen by the registered account holder, at which point the lost or stolen Avanti West Coast Smartcard will be cancelled.
Avanti West Coast will not be liable for any travel costs incurred by you or any Linked Cardholder in the period between your reporting of a lost or stolen Avanti West Coast Smartcard to us and the receipt of your replacement or temporary Avanti West Coast Smartcard.
Replacing your Avanti West Coast Smartcard
A replacement for a lost or stolen Avanti West Coast Smartcard, registered to an online account, will be ordered on request by you to Avanti West Coast Customer Services by phoning 0345 528 0253. As a basic security check we will ask you to confirm your identity and other details before we can order your replacement Avanti West Coast Smartcard.
We reserve the right to charge an administration fee of £10 (subject to change) if we are required to issue a replacement Avanti West Coast Smartcard for you which hold a season ticket, valid for a month or longer unless a crime reference number can be provided.
The replacement Avanti West Coast Smartcard will have the same validity once registered as the Avanti West Coast Smartcard it has replaced, and we will credit it with monthly and longer term products that were stored on the lost or stolen Avanti West Coast Smartcard at the time of effective cancellation.
Once cancelled, an Avanti West Coast Smartcard cannot be “re-activated”.
Where your Avanti West Coast Smartcard is faulty you will need to return it to us. We will cancel the faulty Avanti West Coast Smartcard and order a replacement card free of charge, which we will credit with any products that were stored on the faulty Avanti West Coast Smartcard at the time of effective cancellation. Where we reasonably believe that the faulty Avanti West Coast Smartcard has been deliberately damaged or misused, we reserve the right to charge an administration fee of £10 (subject to change) for its replacement. If we believe your card has been tampered with in any way, we may withdraw it without refunding the remaining value on the Avanti West Coast Smartcard.
Avanti West Coast reserves the right to retain any Avanti West Coast Smartcard which we believe has been tampered with, is being misused or which has become electronically unreadable.
Your Avanti West Coast Smartcard shall at all times remain the property of Avanti West Coast and we reserve the right to withdraw your Avanti West Coast Smartcard at any time.
Delay Repay
For more information on Delay Repay please visit our
Delay Repay page
Ticket refunds
We have a standard refund and replacement policy for our tickets which is covered by the National Conditions of Travel, which is available to view on the Site.
Refunds are not to be confused with the transfer of outstanding tickets from a lost, stolen, or damaged Avanti West Coast Smartcard as covered above.
Your information and security of your payments
Avanti West Coast takes your privacy very seriously. We will process any personal information that you provide to us, or which we collect in connection with your use of your Avanti West Coast Smartcard and/or Avanti West Coast online account, in accordance with our Privacy Policy.
In respect of each registered Avanti West Coast Smartcard, the data we hold includes: the account holder’s title (Mr/Mrs/Ms/Miss etc), first name, and surname, home address, telephone number, email address, date of birth and where applicable a current photograph that is used on the Avanti West Coast Smartcard.
Each time you or a Linked Cardholder use your/their Avanti West Coast Smartcard we will record the location, date and time the Avanti West Coast Smartcard was used. We use this information to determine which train you or the Linked Cardholder travelled on and to calculate whether you are entitled to compensation for any delays under the ADR Scheme. We may also use this information for our own research and development purposes. We will never pass on the specific details of any journeys made by you or a Linked Cardholder using a Avanti West Coast Smartcard to any third party unless we are required to by law.
We may use the email address or other contact details which you provide to us in order to contact you in relation to the administration of your Avanti West Coast Smartcard account and/or to update you in relation to any information which is relevant to your use of your Avanti West Coast Smartcard, for example timetable changes and fare changes.
If you have ticked the relevant box on an application form, you agree that we may also contact you to provide information about any special offers and/or our other related products and services. If you have ticked the relevant box on an application form to indicate that you are willing to receive such marketing information from us by email, you will be sent emails to your specified email address.
We have taken steps to ensure the security of your payment transactions including the adoption of the payment industry standard PCI DSS. Avanti West Coast does not hold any information about your financial transaction other than details of the type of Tickets you purchase and when and where the purchase was made.
General
We reserve the right to modify these T&Cs at any time. Any changes we may make to these T&Cs in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to these T&Cs.
We shall not be liable to you or any third party in contract, tort (including negligence), breach of statutory duty or otherwise, in respect of any of the following losses or damage (whether such losses or damages were foreseen, foreseeable, known or otherwise):
losses that were not foreseeable to both parties when the contract was formed;
losses that were not caused by any breach on the part of Avanti West Coast;
loss of business profits, salary, business revenue, goodwill, or anticipated savings;
loss which could have been avoided by you through reasonable conduct;
obvious errors and omissions in administering the Avanti West Coast Smartcard scheme;
losses arising from your use of, or inability to use, your online account and/or the Site; or
losses arising from your failure to keep your Login Details confidential and/or secure.
In addition, we do not accept any liability whatsoever for any online accounts which have been corrupted due to any actions or omissions of the Avanti West Coast Smartcard account holder or any Linked Cardholder.
Subject to the above clause, Avanti West Coast’s total liability to you in respect of all losses arising in connection with your Avanti West Coast Smartcard, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the value of the Tickets purchased on the relevant Avanti West Coast Smartcard in the twelve month period preceding the relevant event or series of events giving rise to the claim.
Nothing in these T&Cs shall exclude or limit in any way Avanti West Coast’s liability for:
death or personal injury caused by Avanti West Coast’s negligence.
fraud or fraudulent misrepresentation; or
any other matter in respect of which we are not permitted to limit or exclude liability as a matter of law.
These T&Cs shall be governed by English law and the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these T&Cs.
This contract is between us and you. No other person (including any Linked Cardholder) shall have any rights to enforce any of the terms set out here, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
Amended Timetables
At times we may need to change our timetables, for example, due to planned engineering work or extreme weather conditions. We will work out delays on these days based on the amended timetable for that day provided the service meets the requirements of the ADR Scheme.
