PLEASE READ THESE TERMS CAREFULLY BEFORE YOU REGISTER OR USE THE APP
1. These terms
1.1. These are the terms and conditions on which we will provide you with services and digital content via the ArrivaClick Mobile Application (the “App”).
1.2. In addition to these Terms, your use of the App is also subject to any other terms brought to your attention when using the App.
1.3. Your use of our vehicles, requested via the App, is strictly subject to the ArrivaClick Conditions of Carriage set out in section 15 of these Terms.
1.4. In registering and using our App, you agree to comply with these Terms and any restrictions or other terms brought to your attention when registering via the App or when using it from time to time.
2. Information about us and how to contact us
2.1. Who we are. We are Arriva PLC and our company registration number is 347103. Our registered office is at 1 Admiral Way Doxford, International Business Park, Sunderland, Tyne & Wear, SR3 3XP. We provide the App to you and also operate the vehicles which you may book from time using the App.
2.2. How to contact us.You can contact us by email at [email protected] or writing to us at 3rd Floor, The Crescent Centre, Temple Back, Bristol, BS1 6EZ.
3. Eligibility Section
3.1. Individuals over the age of 18 shall be entitled to register and use the App to book travel. Minors between the ages of 16 to 18 may also have their own accounts, but they must have consent from their parent or guardian.
3.2. Children are charged at the same rate as adults if they require a seat. However, babies that are able to sit on an adult’s lap can travel free of charge and are therefore not required to have a seat booked for them.
3.3. Only individuals who hold a UK bank account, to which the card details provided at registration relate, can use the App or request transport services via the same. In the event we have reason to suspect that the bank account or card details provided do not belong to the person who entered them or who is using the App, we reserve the right to suspend or terminate your account with immediate effect at our sole discretion.
4. Registration and Log-In Details
4.1. In order to access and use the App, you must register certain information to create an account for use with the App. In order to create your account you must provide a username, password, UK mobile phone number and valid email address.
4.2. You are responsible for your log-in credentials and for keeping your information accurate.
4.3. You are responsible for any activity resulting from the use of your log-in credentials on the App.
4.4. You represent and warrant that the information you provide to Arriva upon use of the App and at all other times will be true, accurate, current, and complete.
4.5. To use the App, you need to log-in by providing the username and password you created at registration. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials (including, without limitation, the behaviour of any other people that travel in your party), you agree to use reasonable efforts to prevent unauthorised access to or use of the App and to preserve the confidentiality of your username and password, and any device that you use to access the App.
4.6. You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify Arriva by e-mail to [email protected] You will be solely responsible for the losses incurred by Arriva and others due to any unauthorised use of your account.
5.1. The App will enable you to track and book travel on one of our vehicles (a “Vehicle”) to transport you from your confirmed pick-up point to the destination (a “Journey”) shown on the App (which together, along with all other services available to you via the App, are referred to in these Terms as the “Services”).
5.2. Please be aware that collection times can vary due to external factors outside of our control, because of this please allow up to 10 minutes variation to all given ETAs. Any delays over 10 minutes can be cancelled with no charge as directed in the app, delays will be communicated through the app.
6. Additional Travellers
6.1. If you book a Journey and multiple people are travelling in your party, you, as the holder of the account associated with the booking, are responsible for the conduct of everybody travelling in your party.
6.2. When you make a booking, you must indicate how many people are travelling in your party. If you do not, we reserve the right to refuse service to additional travellers.
7. Card Details
7.1. In order to book journeys via the App, you will be asked to provide appropriate bank card details so that you can make payment for the Journeys you undertake via the App. This will also be the card to which any other fees or payments set out in these Terms will be charged. By providing your card details you agree to Arriva charging the Fee and any other payments and fees set out in these Terms to the bank account associated with the card details provided.
7.2. Arriva takes the security of your card and other personal details extremely seriously. Arriva uses a specialist third party provider to process your card payments, called “Braintree” which is a division of PayPal. Braintree meets the highest industry standards and guidelines for handling and processing card data and is a validated Level 1 provider of card payment services under the Payment Card Industry Data Security Standard.
7.3. Only the cardholder is entitled to enter their card details into the App.
7.4. After entering your card details, we will validate your card by charging £1 to your account. As this is only for validation, this will automatically be refunded to you. This can take between 1 and 14 days, depending on which bank you are with.
8. Payments and Billing
8.1. Arriva charges a fee (the “Fee“) for use of the Services. The Fee will be as shown to you on the App prior to booking your Journey. You will be charged when your Journey is complete. All Fees are non-refundable. Fees are exclusive of taxes and other government surcharges. Fees may vary depending on time and day of travel and other factors. All Fees are subject to change.
8.2. Fees will be charged to the credit or debit card, the details of which are provided by you to us via the App. The credit or debit card is used to buy credit bundles. Each time you make a journey, the cost of the journey is deducted from your remaining credit. If you have less credit remaining than a full journey fare, we deduct any remaining credit and charge the rest of the fare directly to your card on file. If you check the box to agree to auto-refill, this will authorise a £10 credit purchase to be made each time your balance falls below £3.50.
8.3. The ArrivaClick Pass is activated at the time you take your first journey, not at the time of purchase. Each individually purchased ArrivaClick Pass is limited to a single user, account and device (i.e., multiple people cannot share a single ArrivaClick Pass). An ArrivaClick Pass holder may book journeys for his or her +1’s, though additional fees apply. Journeys are available during ArrivaClick’s standard hours of operation (6am – 10pm), not including Sundays, in Sittingbourne, and (6am - 8pm) seven days a week, in Liverpool. An ArrivaClick Pass holder is able to take up to two journeys per day during these hours from the point of activation until close of operation on the 7th day following activation if they have purchased the Standard Weekly Pass, or unlimited journeys during these hours per day from the point of activation until close of operation on the 7th day following activation if they have purchased the Unlimited Weekly Pass. The ArrivaClick Pass cannot be combined with other offers or promotions. Charges for additional passengers, and cancellations and no-show fees will apply as set out here. Arriva reserves the right to cancel this offer or modify its terms at any time. Arriva does not guarantee availability of journeys.
8.4. If you cancel a booking made via the App, we may charge you a fee if you do not cancel within 60 seconds of accepting the booking. This fee will be £2.00.
8.5. We will not charge you a cancellation fee if we cancel a booking made by the App.
8.6. Repeated cancellations by you may result in the suspension of your account, at Arriva’s sole discretion.
8.7. If you are not present at the time and place designated in your booking, we may charge you a Fee, calculated as follows:
You will be charged the full price of your Journey if you are not present 60 seconds after the driver arrives to pick you up. You will be sent a reminder SMS with a number to contact the driver when he/she arrives and if you do not contact them, the vehicle will leave after 60 seconds and you will be charged the full price of the Journey.
8.8. Repeated “no-show” instances may result in the suspension of your account, at Arriva’s sole discretion.
8.9. Arriva Credits and Promotional Codes. You may purchase credit (“Arriva Credit”) towards future Journeys. Purchases of Arriva Credit are non-refundable and may only be used with the App. Arriva may offer promotional codes with varying features and rates that are redeemable for Arriva Credit. Any such promotional code is valid until its stated expiration date.
8.10. The intended purpose of ArrivaClick referral codes is to be shared with friends, family, and on personal social media networks only with individuals known personally to the referring rider. Posting referral codes on commercial websites, or coupon aggregator websites, including (but not limited to) VoucherCodes.co.uk, MyVoucherCodes.co.uk and HotUKDeals.com is strictly prohibited and will result in referral credit being revoked at ArrivaClick’s discretion.
8.11. Using an ArrivaClick referral code to refer new accounts created by the same individual is also strictly prohibited and will result in referral credit being revoked at ArrivaClick’s discretion.
8.12. In addition, ArrivaClick reserves the right to revoke any referral credit obtained for referrals of fraudulent accounts (including accounts set up with false personal or payment information), as determined by the ArrivaClick system.
8.13. ArrivaClick reserves the right to change any codes which it determines have been compromised and issue a replacement code.
9.2. Arriva may communicate with you by email, text message, telephone call, or posting a notice via the App to your mobile device. You may request that we provide notice of security breaches in writing.
9.3. You agree to receive emails from us at the email address you provided to us for customer service-related purposes.
9.4. If you have consented to receive information about other services and offers we can offer, as well as those of our third party partners, we will also contact you with information about these offers by email, text message or through App notifications to your mobile device.
9.5. By registering to use the App or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the App. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the App or sending an email to you.
9.6. We may send you an SMS text message to the phone number you provide upon registering through the App (i) when you register through the App, (ii) when you book a Journey, (iii) when our Vehicle is approaching the designated pick-up location, (iv) when our Vehicle is at the designated pick-up location, and (v) when you reset your password through the App. SMS text message and data rates, as determined by your wireless carrier, may apply. By registering through the App, you consent to receive these SMS text messages.
10. Third-Party Content Disclaimers, Limitations, and Prohibitions
10.1. You are responsible for your actions when using and relying on the App or content available through the App.
10.2. We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by third parties (“Third-Party Content“). You accept that any reliance on material posted by other users or third-party service providers will be at your own risk. By using the Service you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate. Arriva does not endorse any, nor is it responsible for, Third-Party Content on the App.
10.3. Do not do bad things with the App, try to break it, or steal our hard work.
10.4. You agree to use the App only for its intended purpose. You must use the App in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the App are prohibited.
10.5. You must not:
10.5.1. attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorised access to the App, user accounts, or the technology and equipment supporting the App;
10.5.2. frame, mirror or link to the App without permission;
10.5.3. use data mining, robots, web spiders, viruses or worms or other data gathering devices on or through the App, including any program which may make multiple server requests per second, or unduly burdens or hinders the operation or performance of the App;
10.5.4. post or upload to the App incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
10.5.5. disclose personal information about another person, or post, send or store infringing, obscene, threatening, libellous or otherwise tortious material, including material that is harmful to children, violates the rights of third parties, or is intended to harass, abuse, or degrade another person;
10.5.6. sell, transfer, or assign any of your rights to use the App to a third party without our express written consent;
10.5.7. post advertising or marketing links or content, including spam or otherwise duplicative and unsolicited messages, except as specifically allowed by these Terms;
10.5.8. use the App in an illegal way or to commit an illegal act in relation to the App or that otherwise results in fines, penalties, and other liability to Arriva or others; or
10.5.9. access the App from a jurisdiction where it is illegal or unauthorized.
11. Intellectual Property
11.1. Ownership of all intellectual property in the App software belongs to Arriva’s third party mobile application developer and supplier, Via Transportation, Inc., 226 5th Avenue, 3rd Floor, New York, New York 10001 (“Via”).
11.2. Arriva is authorised to provide you with a licence to use the App, strictly subject to your compliance with all of your obligations as set out in these Terms.
11.3. You (or the people who allow you to use their content), own all of the content you post or upload to the App. However, we may use it for any purpose, including in our marketing materials. We may also modify your content to make it work better.
11.4. It is very important that you have permission to use other people’s content, or they (or their parent or guardian) may be able to sue you for violating their legal rights.
11.5. The App may provide you with the ability to post content (“User Content“) from time to time. Neither Arriva nor Via claims ownership or control over User Content. You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of the content you post on or through the App. You are responsible for protecting those rights.
11.7. You understand and agree that you will not obtain as a result of your use of the App, any right, title or interest in or to such content delivered via the App or in any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets or other rights) in the content. Arriva or Via alone (as the case may be) (and their licensors, where applicable) owns all right, title and interest, including all related intellectual property rights, in and to the App. The Arriva and Via names, logos, and the product names associated with the App are trademarks of Arriva, Via or third parties, and no right or license is granted to use them.
11.8. You represent and warrant that: (i) you own the content posted by you on or through the App or otherwise have the right to grant the license set forth in these Terms, (ii) the posting and use of your User Content on or through the App does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person or entity, and (iii) the posting of User Content on the App does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing to any person by reason of content you post on or through the App. You also acknowledge and agree that your User Content is non-confidential and non-proprietary.
11.9. Certain materials made available for download from or through the App may be subject to additional or different license terms and conditions. The App contains content from users and other Via or Arriva licensors. Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the App.
12. Consequences of Violating These Terms
12.1. If you do not act acceptably in accordance with these Terms, we may prohibit your use of the App.
12.2. We will have the right to investigate and prosecute violations of these Terms to the fullest extent of the law.
12.3. We reserve the right to suspend or terminate your account and prevent access to the App for any reason, at our discretion. We reserve the right to refuse to provide you with access to the App in the future.
12.4. Arriva or Via may review and remove any Third-Party Content at any time for any reason, including activity which, in its sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the App.
12.5. You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the App.
Our responsibility for loss or damage suffered by you
13.1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation or for breach of your legal rights in relation to the App.
13.3. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
13.4. We only supply the App for domestic and private use. If you use the App for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.5. We are not liable for the actions of users when they use the App. We may also change the App at any time and are not liable for how this may affect you. We do not guarantee the quality or accuracy of any content you view using the App or other websites.
13.6. We may change, suspend, or discontinue any aspect of the App at any time, including hours of operation or availability of the App or any feature, without notice or liability.
13.7. We are not responsible for any disputes or disagreements between you and any third party you interact with using the App. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release Arriva from all claims, demands, and damages in disputes among users of the App. You also agree not to involve us in such disputes. Use caution and common sense when using the App.
13.8. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the App. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the App.
13.9. The App may include links to third-party websites and applications, including opportunities to purchase goods and services from, or participate in special contests, sweepstakes, and other promotions (“Promotions”) of our business partners, charities, sponsors or other third parties (“Third-Party Partners”). You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them. We make no promises and disclaim all liability of specific results from the use of the App.
14. Other important terms
14.1. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
14.2. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
14.3. This contract is between you and us. No other person shall have any rights to enforce any of its term.
14.4. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.5. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
14.6. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
14.7. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform, which can be accessed by clicking here.
15. ArrivaClick Conditions of Carriage
15.1. When you use the App to travel on our vehicles, you enter into a contract with us. The Conditions of Carriage set out in this section 15 (the “Conditions”) reflect both our and your legal obligations under that contract whilst travelling on our vehicles.
15.2. These Conditions are governed by the laws of England and Wales as applicable. Any Condition subsequently found by a court or competent authority to be invalid does not affect the validity of the others. None of our employees are permitted to vary the Conditions in any way. The terms of these Conditions do not affect any other legal rights you may have (including but not limited to any rights you may have as a consumer).
15.3. We value your custom and are committed to providing you with a high quality and reliable service. However, events outside our normal control may cause us to alter some or all of the services as necessary. We do our best to overcome delays and to keep you informed but cannot be held liable for any loss, damage, costs or injury that you may suffer as a result. We are liable to you for any type of injury caused by our negligence. You are liable to us and/or other passengers for any injury, damage or loss caused by you or by any items that you bring on board with you including animals.
15.4. It helps us to provide a pleasant travel environment if customers are respectful of other passengers, our staff and facilities. Otherwise you may be refused travel or asked to leave the vehicle or our premises. In particular, you must not:
- Smoke at any time – this includes cigarettes, e-cigarettes, cigars, pipes and means of lighting them.
- Behave in any way which causes offence to other passengers or our staff – this includes verbal or physical abuse; being under the influence of alcohol, drugs or solvents; wearing soiled or dirty clothing; putting your feet on seats; consuming and playing personal or other music systems too loudly.
- Bring or consume any item of food or drink on the vehicle in a way that causes offence or a hazard.
- Distribute, offer for sale or solicit for any items without our prior permission – this includes collecting for charity.
- Deliberately interfere with, misuse or damage any equipment or fittings on the vehicle.
- Take part in any criminal or legally prohibited activity.
- Bring pushbikes, fold-up bikes, unicycles or any other type of cycling vehicle on board ArrivaClick
15.5. We want all our customers to be safe during their journey. For this reason, you should observe any instructions given to you by our staff in relation to the operation of the vehicle and its overall capacity. In particular, you must not:
- Board or alight from the vehicle at any place other than at a safe location at the driver’s discretion.
- Distract or impede the driver in any way whilst the vehicle is in motion except in the event of an emergency.
- Stand in the vehicle whilst in motion.
- Obstruct the doorways, exits or any other part of the vehicle so as to inconvenience other passengers or restrict their ability to leave the vehicle in an emergency – this also applies to your belongings.
- Wear or use rollerblades, skates or other unsuitable forms of footwear whilst on the vehicle.
- Please advise our staff as soon as possible if:
- You sustain any injury whilst on the vehicle or if you feel unwell during your journey – they will arrange for medical assistance if necessary.
- You see any suspicious items or behaviour – but take care not to endanger yourself.
15.6. Small items of luggage or other personal belongings are carried at the driver’s discretion and the owner’s risk. You are responsible for the safe stowage and handling of all items during your journey. Larger or bulky items that cannot be safely stowed at your seat or by using the luggage facilities on the vehicle are not permitted.
15.7. We do not accept explosive, hazardous or combustible materials or items likely to present a danger to other passengers, our staff or the vehicle. Liquids, including hot drinks and paint, must be carried in correct and sealed containers and kept stable at all times.
15.8. CCTV is used on our vehicles and premises to record images and, in some cases, sound for security and crime prevention purposes. This data may be passed to the police and prosecuting authorities to provide evidence in legal proceedings. Our CCTV equipment and systems are operated in full accordance with the Data Protection Act 1998 and other relevant legislation.
15.9. For further information regarding our policies when using our vehicles, please refer to our ArrivaClick FAQs available at: www.arrivabus.co.uk/arrivaclick-faqs
16.1 ArrivaClick currently only accepts concessionary passes in Sittingbourne. This is subject to future review and may be rolled out in other locations in the future – at the sole discretion of ArrivaClick.
16.2 Passengers who wish to travel on ArrivaClick using a concessionary pass must follow the following procedure to be eligible for concessionary travel on ArrivaClick:
16.2.2 Download the ArrivaClick app and create an account using your credit/debit card
16.2.3 Email a picture of your concessionary pass to [email protected]. Please title this email ‘Concessionary Pass’.
16.2.4 Upon receipt of a picture of your concessionary pass, we will email you a unique concessionary code – that is personal to you – for you to use when booking travel on ArrivaClick.
16.2.5 Passengers traveling with a concessionary pass must enter their unique concessionary code before they book their first ride, after this, the system will store their code and apply it to every ride they make.
16.2.6 Booking a journey with a concessionary code will apply your concessionary discount. You will be shown the quoted price for your journey before accepting your ride.
16.2.7 In addition to entering your concessionary code when booking a ride, ensure that you take your physical concessionary pass with you and show it to the ArrivaClick driver upon boarding the vehicle. If you don’t show your pass when you board, we will have to charge your account the full fare, not the concessionary price.
16.3 The current discount applied for concessionary travel is 33%. However, this is subject to change, at the discretion of ArrivaClick.
16.4 Concessionary passengers can book group travel – with friends, family, work colleagues etc – as normal. However, please note that each extra passenger in a group booking will be charged at full price. In this instance, as with any other booking, group or otherwise, the passenger making the booking will be shown the quoted price before they accept their ride.
16.5 ArrivaClick will currently only offer concessionary travel discounts between the hours of 9.30am and 3.30pm Monday – Friday, and all day (6am – 10pm) on Saturdays and Bank Holidays. ArrivaClick may change the hours during which concessionary prices are available at its discretion.
16.6 The standard £2 cancellation fee will apply to all bookings cancelled after the 60 second cancellation window has elapsed.
16.7 If a rider is a ‘no show’, the no show fee will be the cost of the concessionary ride that was quoted, and accepted, upon creation of the booking.
16.8 As we are not supported by the Local Authority with the provision of concessionary rates, we can only offer a discount to concessionary passengers, not free travel. This is subject to change at the sole discretion of ArrivaClick.
17. Discount Codes
17.1 From time to time ArrivaClick will offer a variety of promotional special offers and disont codes, ArrivaClick reserves the right to remove these codes as per individual terms and conditions and run promotions at the sole discretion of ArrivaClick.
17.2 XMASGIFT – the code XMASGIFT is an introductory offer, for Liverpool only, allowing customers to redeem the code in exchange for £5 free credit to be used on the ArrivaClick service. This code is only valid for new customers and will no longer be accepted after 31st December 2018.