TRAIN REECLAIM TERMS & CONDITIONS
These are the Terms and Conditions (which we call simply the “Terms”). The Terms:
i) are a legal document;
ii) set out the terms of a contract that come into being between You and Us;
iii) are a contract that applies when:
a. You appoint Us as Your representatives to claim any possible TfL service Refunds on Your behalf; or
b. otherwise use our Services (which is a word defined in the Definitions section of this document below).
In these Terms, “We” “Our” and “Us” refers to Reeclaim Limited, a company registered in England with company number 10636342, and with registered office address is First Floor, Winston House, 349 Regents Park Road, London N3 1DH.
Our trading name is Train Reeclaim.
Please ensure that You read these Terms carefully and check that the details You provide in Your application are complete and accurate before You submit them to Us when creating an account through Our Website.
1.1 Certain words appear in these Terms starting with capital letters. When they do, this is what they will mean:
Account: This means Your online account, set up through Our Website and it contains the details necessary for Us to complete the Services for which You have registered.
Claim: This means a claim, by Us or Your behalf, for a Refund from TfL for qualifying travel delays or other qualifying claims.
Refund: This means any remuneration payable by TfL as a result of a successful Claim that is made (and which we would normally expect to be refunded directly to You but which may sometimes be otherwise refunded to Us on Your behalf).
Services: This means our process for attempting to secure a Refund for You using the details You provided upon setting up an Account in order for Us to place a claim on your behalf with TfL.
TfL: This means Transport for London, the local government body responsible for the transport system in Greater London, England. Its head office is in Windsor House in the City of Westminster.
TfL Account: This means any account you have registered with TfL.
Website: This means www.reeclaim.co.uk.
2. Appointments, Instruction and Referral to other businesses
2.1 By registering for Our Services:
i) You are appointing Us as Your collection and reclaim agent to pursue and collect Your Claims from TfL on Your behalf; and
ii) You are agreeing to these Terms.
2.2 By registering for Our Services (or by otherwise appointing Us), You acknowledge that:
i) We are not connected in any way to TfL or any of their third-party partners; and
ii) We are not endorsed in any way by TfL or any third party.
2.3 By clicking ‘Connect’ on Our Website (which You cannot do without ticking the box saying you accept these Terms) You are entering into a contract with Us (consisting of these Terms).
3. Creating an Account
3.1 When creating an Account, it remains Your responsibility to ensure all details are correct. When You are putting in details of Your TfL Account or details related to it. We are not responsible or liable for any failures owing to incorrect or incomplete information being supplied.
3.2 We reserve the right to refuse You service based on information given in the created Account, should it give Us reason to do so (provided We are complying with the law of course). This decision will remain at Our sole absolute discretion.
3.3 In creating an Account with Us, You agree to Our claiming a Refund for:
i) Delayed services as identified by Our systems on any TfL transportation; and
ii) Any other potential Refunds claimable through or in respect of Your TfL Account.
3.4 In creating an account with Us, you agree that You are the Claimant and We are the means through which You are claiming Your refund. The Claimant bears full responsibility for any claims made to TfL via our service and the onus rests on the Claimant to refund any credits received in error.
4. Refund Claims
4.1 Our system will make a Claim for a Refund on Your Account every time Our system identifies a TfL service delay.
4.2 We will always use our reasonable care and skill in everything we do and we will always try and make a Claim in a timely manner, but We cannot give any assurance as to a precise timescale.
4.3 If additional information is required to make a Claim, We may contact You for this information. Any failure by You to provide this information after it has been requested, may lead to an Account closure or to Our abandonment of a particular Claim.
4.4 All refunds remain at the discretion of TfL and are based on certain predefined events within TfL’s control.
4.5 The estimate calculator on Our Website is an estimate only. It does not serve as a guarantee of how much You will receive as a Refund, or that any Refund will be due at all.
4.6 When claiming Your refund, We shall attempt to have TfL credit the refund to Your TfL Account. For claims resulting from using Your Oyster cards, Your refund will be applied as a web-credit and will show in your online TfL account. This credit will automatically be used to top-up Your Oyster card when it falls below the minimum threshold. Alternatively You may transfer this web credit to Your bank account.
4.7 For claims resulting using Your Contactless Cards, Your refund will be automatically credited to the credit or debit card account from where the funds were originally taken.
4.8 TfL may also provide a refund through a payment method other than those stated above.
4.9 If You receive a refund that you are not entitled to, You are solely responsible for informing TfL of this error and taking any necessary steps required.
5.1 You can cancel your contract with Us at any time by sending written notice to Us saying so. You can send that written notice either by posted letter to the address at the start of these Terms or by email to firstname.lastname@example.org.
5.2 Once we receive Your written notice, We will confirm Your Cancellation request and will dissolve Your Account within 7 (English) working days from the receipt of Your Cancellation request.
5.3 Requests for a Cancellation are final. No contingencies will be made for reinstating a cancelled Account.
5.4 If for some reason TfL has paid Us on Your behalf, that money will be refunded to You as per the rest of the terms independent of whether or not the refund was received before the cancellation. As Your account will be cancelled, You will need to email Us to inform Us that We owe You money upon which We will transfer Your refund to Your account.
6. Your acknowledgements and responsibilities
6.1 In registering an Account with us, you are acknowledging that:
i) You grant Us the authority to claim Refunds on Your behalf, even though You could claim Yourself, without using Our Services; and
ii) Not all Claims will result in successful Refunds.
6.2 Changing Your password and/or other details in any TfL Account, without updating the corresponding details on Your Account, may cause a temporary suspension of Your TfL Account, due to repeated incorrect login attempts by Us, using the details you supplied to Us. We do not accept any liability in these circumstances.
6.3 We reserve the right to cancel Your Account at any time and for any reason. Notice of the cancellation will be provided by Us in writing, either by post or by email.
7. Disputes or complaints
7.1 Nothing in these Terms takes away any statutory or consumer rights you have.
7.2 If you have a complaint about Us or want to dispute something with Us, please provide full details in writing either by posted letter to Us at the address at the start of these Terms or by email to email@example.com. We aim to provide a full response within 28 days of having received that notice.
8. Our liability to You
8.1 Other than as set out in Clauses 8.2 and 8.3 below, Our total liability (of any kind) arising out of or in connection with these Terms shall, in all circumstances, be limited to £500 (or, if connected to a Refund, then, if greater, the amount actually received as the amount of the Refund).
8.2 Other than as set out in Clause 8.3 below, We are not liable for any other losses or damages you may suffer, including, without limitation, any indirect or consequential losses or damages.
8.3 We are always liable for: (a) death and personal injury caused by Our negligence; (b) fraud or fraudulent misrepresentation made by Us; or (c) any implied contractual terms that cannot be excluded or limited under applicable law.
9. Data Protection
9.1 We may need to supply any information or documentation You Provide to Us connected to the Services (including, without limitation, information obtained from Your TfL Account) to a relevant third party in order to carry out the Service. In supplying this information or documentation to Us You are consenting for Your data to be used in this way.
9.2 Any password You provide to Us will be stored and secured using a robust encryption algorithm so as to guard against unauthorised use or access.
9.3 Any username and password/s You provide to Us may be read and used automatically or manually by authorised individuals or systems so that We can provide the Services and access Your TfL Account.
10.1 As long as we comply with Clause 4.2, We are not responsible for a system error or disruption that fails to identify the potential for a Claim (or a system error or disruption which might result in a loss of a Refund, or a smaller Refund than expected).
10.2 Whilst we endeavour to connect You with our system instantly, there may be times when either TfL or Ourselves are undergoing maintenance work on our servers. If this occurs, we will endeavour to connect you once all systems are operational.
10.3 Any limitations on liability that are applied in paragraph 8 shall not apply to the extent to which they are unenforceable by law.
11. Events outside Our control
11.1 We will not be liable or responsible for any failure to perform, or any delay in the performance of any of Our obligations under these Terms when these are caused by events or circumstances outside Our control.
11.2 In such circumstances, We will contact You by email as soon as is reasonably possible to notify You.
11.3 While all this is happening, Our obligations under these Terms will be suspended for the duration of the event outside Our control. If the event outside Our control persists for 4 weeks or more, We have the right to terminate the contract between You and Us without this resulting in further liability to either You or Us.
12. How to Contact Us
12.1 Any questions or complaints can be sent to Us:
i) by email to firstname.lastname@example.org ; or
ii) sending a notice by hand, or by prepaid post to Reeclaim Limited at First Floor, Winston House, 349 Regents Park Road, London N3 1DH.
12.2 We will confirm Our receipt of Your notice by contacting You in writing. If We need to contact You or give You notice in writing, We will do so by email, by hand, or via pre-paid post to the address You provide to Us on the creation of Your Account.
13. How we may use Your personal information
13.1 We may use the personal information You provide Us to provide the contracted Services (which includes, without limitation, accessing Your TfL Account, processing Refunds and providing You with updates on Claims where necessary – and the like).
13.2 We may choose to contact you in relation to Our Service or other services We may offer via email, telephone, text message or post, using details from your TfL account.
13.4 You can withdraw your Consent at any time to the purposes for which we use Your personal data, if those purposes are not connected to supplying the Services to You. You do this by contacting Us as set out in paragraph 12.
14. Other important Terms
14.1 We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify You in writing if this happens. This will affect neither Your rights nor Our obligations under these Terms.
14.2 The contract formed by these Terms is between You and Us. No other person shall have any right to enforce any of the Terms between You and Us.
14.3 Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of these are unlawful, the remaining parts will remain in full force and effect.
14.4 This contract between You and Us is the entire contract between You and Us (and it supersedes and extinguishes all previous agreements, arrangements and understandings between You and Us, whether written or oral, relating to its subject matter).
14.5 If We fail to insist that You perform any of Your obligations under these Terms, or if We do not enforce Our rights against You, or delay in doing so, this should not be interpreted as a waiver of Our rights or Your obligations in line with the Agreement.
14.6 These Terms (and all non-contractual matters arising out of or related to it) 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. If You are a resident of Scotland, You may bring proceedings in Scotland.
Terms and Conditions version 2.0 (30.11.17)