Online Payment Terms and Conditions Keolis Amey Metrolink Limited
(Last updated 25th October, 2023)
1. Introduction
1.1. This page (together with our Privacy Policy) tells you information about us and the legal terms and conditions (‘Terms’) which shall govern the use of our website.
1.2. These Terms will apply to any contract formed as a result of you making a payment using our website (‘Contract’). Please read these Terms carefully and make sure that you understand them, before making any payment on our website for a Penalty Fare Charge. Please note that before making a payment you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to make a payment from our website.
A copy of these Terms can be printed or saved to your computer for future reference if you so wish.
1.3. We amend these Terms from time to time as set out in clause 6. Every time you wish to make a payment, please check these Terms to ensure that you understand the Terms which will apply at that time. These Terms were introduced on 1st December 2018.
These Terms, and any Contract between us, are only in the English language.
2. Information about us
2.1. We operate the website https://www.rrsmetrolink.co.uk . We are Keolis Amey Metrolink Ltd (‘KAM’) and we operate and maintain the Manchester Metrolink tram system (‘Metrolink’) on behalf of Transport for Greater Manchester (‘TfGM’). Our registered office is at 19-21 Hatton Gardens, London EC1N 8BA and references to ‘we’ ‘us’ and ‘our’ in these Terms shall be construed accordingly. Under the terms of our contract with TfGM we have the right to collect payments for Penalty Fare Charges issued under the terms of the Metrolink bye laws, specifically, bye law 4 (1) which states:
“except with the permission of an Authorised Officer, no person shall enter any Vehicle or Station unless that Person has a valid ticket enabling him to do so”.
Bye law 3 requires passenger compliance with the Metrolink Conditions of Carriage which grant the right to issue a Penalty Fare for passengers without a valid ticket. https://tfgm.com/public-transport/tram/bye-laws
Any reference here within to Revenue Recovery Services (‘RRS’) shall be deemed to mean RRS, which is a division within KAM that collects revenue for Penalty Fares.
2.2. Contacting us if you are a customer:
2.2.1. If you wish to contact us to discuss payment matters about your Penalty Fare, you can do so by telephoning our RRS team on 0161 202 0955, Monday to Friday 08.30 -16.30 (excluding bank holidays). For complaints or appeals, you can contact us by e-mailing rrs@metrolink.co.uk.
2.2.2. If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us when making a payment.
2.2.3. When we use the words ‘writing’ or ‘written’ in these Terms, this includes emails.
3. Basis of this Agreement
3.1. It is important to note that by paying for a Penalty Fare Charge using our website, you agree to be bound by these Terms.
3.2. For the avoidance of doubt, if you make a payment for a Penalty Fare Charge using this website, you will maintain your right to appeal the Penalty Fare Charge issued to you. You have 21 days from the date of issue of your Penalty Fare Charge to make an appeal. Appeals must be made either by e-mailing rrs@metrolink.co.uk or by post to RRS, PO Box 113, Manchester M8 0JR.
3.3. You are responsible for maintaining the confidentiality of your payment details and for restricting access to your computer (or other device) to prevent unauthorised access.
3.4. You agree to accept full responsibility for all activities that occur in the course of making a payment using our website.
4. Use of Our Site
4.1. You may:
a. View pages from our website in your web browser;
b. Download pages from our website for caching in a web browser;
c. Print pages from our website; and
d. Use our website services by means of web browser.
4.2. The website is for you to use, but you may incur data charges imposed by your own network provider, when using this website. You are responsible for such costs.
4.3. KAM will not accept responsibility for any connectivity issues you may experience at any time when attempting to make a payment.
4.4. It is possible that third parties such as ‘hackers’ may access the website and alter its contents. KAM will not be liable for any damages or loss arising out of or in connection with such unauthorised access. KAM excludes all liability in respect of unauthorised access to the fullest extent permitted by law.
5. How the Contract is formed between You and Us
5.1. Our payment pages will guide you through the steps you need to take to make a payment using this site. Our payment process allows you to check and amend any errors before submitting your payment to us. Please take the time to read and check your payment details at each page of the payment process.
5.2. The price for a Penalty Fare Charge (which includes VAT) will be the price indicated on the document issued when you failed to present a valid ticket on a Metrolink tram. We take all reasonable care to ensure that the price of the Penalty Fare Charge issued to you is correct.
5.3. Payments are processed via Elavon which accepts all major card types and Paypal.
5.4. You must use your unique ticket number or serial number when making a payment. Please take care to ensure that the information you enter is correct. You can cancel any payment at any time up until you press the ‘Confirm’ button.
5.5. You must not use any debit or credit card to make a payment unless you are the cardholder or you have authority from the cardholder to do so. If we suspect that you are using any payment card fraudulently we reserve the right to pass your information on to the applicable law enforcement agency without notice to you.
5.6. When you must pay depends on the type of Penalty Fare Charge you are paying:
a) Penalty Fare Charges are £120.00, which must be paid within 21 days from the date of issue;
b) However, this charge is reduced to £60.00 if paid within 14 days.
5.7. When making a payment, it is your responsibility to ensure that your payment details are correct.
5.8. Once your payment has been authorised, a confirmation screen will be displayed showing the payment details and transaction reference number, these details will also be emailed to you as acknowledgement that we are in receipt of payment.
5.9. Please keep a note of the transaction reference number, as you may need to quote this should you have any queries about your payment.
5.10. It will take up to 48 hours for our internal system to register your payment. If you do receive further Court documentation or letters from KAM regarding outstanding liability of payment, 7 days after payment has been made, please contact KAM RRS on 0161 202 0955 to check that the system has updated. It is possible for correspondence to overlap.
5.11. If you make a payment and you are unable to complete the payment using the online payment system, it is your responsibility to contact KAM RRS during the required time frame as stated above, to avoid any further action. You may contact KAM RRS by emailing rrs@metrolink.co.uk or by calling KAM RRS, Monday to Friday 08.30 -16.30 (excluding bank holidays).
5.12. We do not accept liability for a payment failing to reach the correct account due to an incorrect ticket number/serial number, account number or incorrect personal or card details being quoted by you when making a payment.
5.13. If your payment card provider declines any payment, your account will not be credited. We do not accept liability if any payment is refused or declined by your payment card provider for any reason. It will be your responsibility to contact your payment card provider to make the necessary enquiries and we will not inform you if a payment is declined.
5.14. Please note that for the purposes of the Payment Directive, the point of payment of any Penalty Fare Charge is deemed to have taken place as soon as the transaction has been received.
6. Our Right to vary these Terms
6.1. We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
6.2. Every time you make a payment using our site, the Terms in force at the time of your payment will apply to the Contract between you and us.
6.3. We may revise these Terms as they apply to your payment from time to time to reflect the following circumstances:
6.3.1. Changes in relevant laws and regulatory requirements; and OR
6.3.2. Changes to our own contractual right / obligation to recover Penalty Fares.
7. Your Right to a Refund
7.1. In the event that you make an error when submitting an online payment to KAM, you should contact our RRS team immediately. To do this you will need to have your ticket number or serial number to hand which you will have been provided with when you were issued with a Penalty Fare Charge.
7.2. Refunds will be made at the discretion of KAM and in exceptional circumstances only.
7.3. All refunds will be made to the payment card which was used to make the payment and we will aim to process refunds within 30 days upon request.
8. Data Protection and Security
8.1. KAM is a Data Processor for the purposes of the General Data Protection Regulation (GDPR) and the Data Protection Act 2018 (DPA).
8.2. Elavon is also a Data Processor for the purposes of the General Data Protection Regulation (GDPR) and Data Protection Act 2018 (DPA).
8.3. KAM acknowledges that for the purposes of the General Data Protection Regulation (GDPR) and the Data Protection Act 2018, TFGM are the Data Controller. TFGM will not keep, store or transmit any of your personal information. All personal information will be processed via Elavon who operate a fully PCI-DSS complaint system.
8.3.1. By using the website to make a payment you consent to the processing of the ‘personal data’ (as such terms are defined in the DPA), that the Processor collects from you on behalf of TFGM in accordance with their Privacy Policy.
8.4. Payment card details are stored securely and will not be disclosed to anyone for purposes other than for payment of a Penalty Fare Charge initiated by you.
8.5. Full details of the Controller’s Privacy Policy can be found on their website: https://www.tfgm.com/privacy-policy
8.6. Please address any questions, comments and requests regarding our Data handling practices to KAM RRS, PO Box 113, Manchester M8 0JR or rrs@metrolink.co.uk. In addition, if you have a specific data protection query please email dataprotectionKAM@metrolink.co.uk
9. Materials, Ownership and Restrictions on Use
9.1. The website for operation of the payment system is owned and operated by KAM and any data, text, graphics, images, audio and video clips, logos, icons, software and links and any intellectual property and other rights relating thereto, are and will remain the property of KAM.
9.2. Notwithstanding the foregoing, you may not copy, reproduce, republish, upload, post, transmit or distribute any material of the website or any of its content without KAM’s prior written permission.
10. Limitations on Our Liability
10.1. KAM accepts no liability for any indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of your use or access to the payment system, including loss of profit or the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise.
10.2. Nothing in these Terms shall exclude or limit KAM’s liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law.
10.3. Nothing in these Terms affects your statutory rights.
11. Transfer of Our Rights and Obligations
11.1. You may not transfer, assign, charge or otherwise dispose of any of your rights or obligations arising under these Terms, without our prior written consent.
11.2. We may transfer, assign, charge, sub-contract or otherwise dispose of any of our rights or obligations arising under these Terms, at any time.
12. Events Outside Our Control
12.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (a ‘Force Majeure Event’).
12.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
12.2.1. strikes, lock-outs or other industrial action;
12.2.2. civil commotion, riot, invasion, vandalism or threat of vandalism, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
12.2.3. exceptionally severe weather conditions, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
12.2.4. impossibility of the use of public or private telecommunications networks; or
12.2.5. the acts, decrees, legislation, regulations or restrictions of any government.
13. Waiver
13.1. If we fail, at any time during the time that these Terms are in force, to insist upon strict performance of any of your obligations under any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
13.2. A waiver by us of any default will not constitute a waiver of any subsequent default.
13.3. No waiver by us of any of these Terms will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
14. Severability
If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
15. Entire Agreement
We intend to rely upon these Terms and any document expressly referred to in them in relation to their subject matter. Nothing in these Terms affects your statutory rights.
16. Our right to vary these Terms
16.1. We have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
16.2. Revisions or amendments to these Terms will be notified to you by way of marketing materials, by email to the account email address of the account holder and/or by way of such other methods as we shall determine.
17. Law and Jurisdiction
These Terms, and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims), will be governed by English law. Any dispute or claim arising out of or in connection with these Terms (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.