Terms & Conditions

Terms & Conditions

Key terms

  1. 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.
  2. Any personal information you provide to us will be dealt with in accordance with our Privacy and Cookies Policy.
  3. 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.
  4. You must only use the Site in accordance with our acceptable use policy.
  5. 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.
  6. Customer Support can be contacted on 0345 528 0253.

Terms and conditions

About us

westcoastupgrades.co.uk is a site operated by First Trenitalia West Coast Rail Limited trading as Avanti West Coast (“Avanti”, “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

  1. 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.
  2. 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.
  3. By using the Site, you confirm that you accept these Terms and, if you do not agree to these Terms, you must not use the Site.
  4. 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.
  5. 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

  1. Our Site is made available free of charge.
  2. The site offers advice and information regarding upcoming engineering works on the West Coast mainline.
  3. 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.
  4. 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.
  5. 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.
  6. We reserve the right to make changes to, or withdraw, the Site at any time and without notice.

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 Avanti and you, those other terms will take priority.

Ownership of content

  1. 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.
  2. 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.
  3. 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.
  4. Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.
  5. 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.
  6. 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.
  7. 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.

Viruses

  1. We do not guarantee that our Site will be secure or free from bugs or viruses.
  2. 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.
  3. 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

  1. 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.
  2. 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.

  1. 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.
  2. 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 Avanti. 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.

  1. 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 libellous or defamatory.

  1. 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

  1. 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.
  2. If you do not want to grant to us the rights set out above, please do not submit your contribution to the Site.
  3. Furthermore, by submitting your contribution to the Site, you warrant that:
  4. 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;
  5. 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;
  6. c) your contribution is not defamatory; and
  7. 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

  1. 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.
  2. The views expressed by other users of our Site do not represent our views or values.
  3. 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

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. You may not create a database in electronic or structured manual form by systematically downloading and storing any content on the Site.
  6. 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.
  7. 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.
  8. 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.
  9. 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).
  10. 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

  1. 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.
  2. Your use of the Site is at your own risk. To the fullest extent permissible by law, we exclude our liability and that of our directors, officers, employees, agents, subsidiaries, affiliates, sub-contractors and any other party involved in creating, producing, or delivering the Site for any of the following losses or damage (whether such losses were foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; (g) loss of anticipated savings; (h) business interruption; or(i) any direct, indirect, punitive, incidental, special, consequential or any other damages of any kind arising out of or in any way connected with its products or services, the use of or access to the Site or content, or the inability to use the Site, any websites linked to the Site or the content of such websites (including without limitation: the inadvertent downloading of computer viruses from the Site or from e-mails sent from the Site that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Site or your downloading of any material from the Site or any websites linked to the Site), whether based on contract, tort (including negligence), strict liability or otherwise, even if advised of the possibility of any such damages. Nothing in these terms of use is intended to limit or exclude the user’s statutory rights as a consumer (if any). Nothing in these terms of use exclude or limit our liability for: death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or fraud; or misrepresentation as to a fundamental matter; or any liability which cannot be excluded or limited under applicable law.
  3. 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.
  4. 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 Avanti, 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.

  1. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you

Our losses

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

  1. 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.
  2. 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.

Severability

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?

  1. 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’.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. These Terms are not enforceable under the Contracts (rights of Third Parties) Act 1999 by any person not a party to them.

Contact us

If you have any questions about these Terms, please write to us at:
  
FREEPOST Avanti West Coast
Victoria Square House
1 Pinfold Street
Birmingham
B2 4AA