Arriva Wi-Fi terms and conditions
Bus Wi-Fi Terms and Conditions (last updated September 2019)
*YOUR ATTENTION IS DRAWN PARTICULARLY TO PARAGRAPH 6 BELOW WHICH SETS OUT LIABILITY TO YOU BELOW*
1. Important Information
You must read and accept the Terms and Conditions before you access and use the Wi-Fi service (referred to in these Terms and Conditions as a "Hotspot"). By registering to use the Hotspot and each time you log in and using the Hotspot after registration, you agree to be bound by the terms and conditions set out below and a legally binding contract is created between you and Arriva UK Bus Limited. If you do not wish to be bound by these terms and conditions, please do not use the Hotspot.
If you have any questions about these Terms and Conditions, please contact the Arriva Wi-Fi service desk on [email protected] before continuing.
If you are aged under 18 years old, before you access and use the Hotspot, please ensure that you have your parent/guardian's consent and ensure that they and you have read and agree to these Terms and Conditions.
2. Information about us
This website and Hotspot is operated by Arriva UK Bus Limited (Company Number 02756876), a limited company incorporated in England whose registered office address is at 1 Admiral Way Doxford, International Business Park, Sunderland, Tyne & Wear, SR3 3XP (referred to below as “Arriva”).
3. The Hotspot
The Hotspot is a wireless data service using radio frequency to access the internet. Arriva offers the Hotspot for activities such as accessing, sending and receiving emails, instant messaging and browsing the internet. These services may require you to have accounts with third party service providers. Some information and material (for example software) is supplied to Arriva by third parties and Arriva offers no guarantees or contractual promises in relation to that information or material.
4. Hotspot Registration
In order to access the Hotspot, you may be prompted to register on the Hotspot website and login using your email address, along with your name, as part of the registration process. When registering you agree to provide Arriva with accurate and complete information and it is your responsibility to ensure that your registration details are correct.
• You should contact Arriva as soon as possible on [email protected] if you believe that another person has obtained your registration details without your permission or if you become aware of any other breach of security regarding the Hotspot.
5. Use of the Hotspot
If you hold a valid bus ticket for your journey, you are entitled to access the internet via the Hotspot, free of charge (subject to availability on your particular service), subject to the following limitations and restrictions:
- use of the Hotspot is subject to a data allowance per user device (tracked via your MAC Address) of 50MB download limit and 20MB upload limit per calendar day. Once you have downloaded/uploaded the limit of your data allowance, your access will expire, regardless of whether you are browsing the internet or not. You will receive a message informing you that you have reached your download or upload limit and you will not be able to use our on-bus wifi until the following calendar day.
The above limitations and restrictions are necessary to ensure that the Hotspot maintains sufficient capacity to enable as many passengers as possible to access and use the Hotspot at a reasonable speed and to avoid a minority of passengers unfairly using the majority or all of the Hotspot bandwidth to the detriment of others.
Your right to use the Hotspot is personal to you and you agree not to register on behalf of any other person, firm or company or to allow any other such person to use your log-in details to use the Hotspot. You must keep your log-in details confidential and not share them with any other person.
- not to use the Hotspot for any unlawful purpose;
- not to make any use of the Hotspot which causes the whole or part of the Hotspot to be interrupted, damaged, made less efficient, or impair the effectiveness or functionality of the Hotspot in any way;
- not to use the Hotspot for the transmission or posting of any computer viruses or any defamatory, offensive, obscene or menacing materials which may cause annoyance, inconvenience or distress to any person;
- not to use the Hotspot in a way which infringes the rights of any other person, firm or company (including but not limited to rights to confidentiality or intellectual property rights);
- in the event that you have any right, claim or action against any other person, firm or company arising out of your use of the Hotspot then you will pursue your right, claim or action directly against that person, firm or company and not pursue the claim through Arriva; and
- that Arriva may block access to certain websites which it deems inappropriate or which would use particularly high amounts of bandwidth and which would cause the bandwidth to be unfairly distributed between passengers.
6. OUR LIABILITY TO YOU
You may have other rights granted to you by law which are not set out in these Terms and Conditions and these Terms and Conditions do not override those rights unless permitted by law.
For further information about your legal rights (including your consumer rights) we suggest that you contact your local Citizens Advice Bureau or Trading Standards office.
The headings in this paragraph 6 below make clear which parts of this paragraph 6 apply to you, depending on the circumstances in which you are using the Hotspot.
The following terms apply to all Hotspot users (both personal and commercial users):
Arriva does not, and cannot, guarantee that the Hotspot website will be compatible with any or all hardware and software that you may use to try to connect to the internet via the Hotspot. Arriva does not, and cannot, guarantee that the Hotspot, or your use of it, will be available at all times or at any specific times or that it will be error-free. Arriva reserves the right to modify or suspend access to the Hotspot at any time (acting reasonably) where it is necessary to do so.
Arriva is, and remains, legally responsible to you at all times, regardless of any wording to the contrary in these Terms and Conditions, for any:
- death or personal injury arising from Arriva’s failure to take reasonable skill and care;
- fraud or fraudulent misrepresentation; or
- any matters which it would be illegal for Arriva to exclude or limit its liability to you.
If Arriva fails to comply with these Terms and Conditions, it is responsible for loss or damage you suffer that is a foreseeable result of its breach of the Terms and Conditions or Arriva’s negligence, but Arriva is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of Arriva’s breach or if they were contemplated by you and Arriva at the time you registered or logged in to use the Hotspot.
Arriva is not responsible to you for losses which you suffer due to any event beyond Arriva’s reasonable control.
Arriva endeavours to provide a high standard of wi-fi service at all times, however, due to the nature of the service, faults and technical difficulties and/or loss of signal may lead to temporary unavailability of the Hotspot and the operation of the Hotspot may be adversely affected by conditions and performance outside Arriva’s control including but not limited to transmission, communication links between Arriva and you and between the networks and services provided by Arriva’s suppliers and the mobile internet network provider.
The internet and wi-fi connections to the internet are not secure networks or a secure means of accessing the network. Arriva cannot guarantee the security or privacy of the Hotspot, the device you use to access the Hotspot or any information or communications to/from the Hotspot.
It is your responsibility to ensure that you protect your own data and/or software against viruses, hacking or other third party intrusions. Arriva is not responsible to you for losses which you suffer due to your failure to appropriately and adequately protect your device from contamination, hacking or third parties or from your failure to back-up the content of your device.
Arriva is not responsible for the content on the internet including information contained in websites or any third party information provided through the Hotspot and will not be liable to you for any losses you suffer as a result of using third party websites.
The following terms of this paragraph 6 set out below only apply if you are using the Hotspot for business or commercial purposes and to the extent you use the Hotspot for business or commercial purposes:
The Hotspot is provided on an "as is" and "as available" basis and Arriva makes no warranties or representations whether express or implied in relation to the Information, including implied warranties or conditions of completeness, availability, accuracy, satisfactory quality or fitness for a particular purpose.
Except as set out above in this paragraph 6, Arriva is not liable to you in contract, tort, negligence, and statutory duty or otherwise for any indirect or consequential loss or damage whatsoever or for any direct or indirect losses arising from or in connection with the Hotspot or these Terms and Conditions in so far as they relate to:
- loss of business, profits or revenue;
- loss of or damage to goodwill;
- loss of savings;
- loss of use;
- business interruption; or
- loss or corruption of any data or information (save to the extent we are the data controller of such data and it is personal data (all as defined under the Data Protection Act 2018 and the General Data Protection Regulation)).
7. Your Data
8. Intellectual Property
The Hotspot, the Arriva website and the Hotspot website are protected by copyright and other intellectual property rights which belong to, or are licensed to, Arriva or its suppliers.
9. Suspension and Termination
Arriva shall have the right to immediately terminate your use and access to the Hotspot and/or suspend your ability to use or access the Hotspot, if Arriva (acting reasonably) believes you have committed or are likely to commit a breach of these Terms and Conditions.
10. Other important terms
Arriva will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms and Conditions that is caused by an event outside its control.
An event outside Arriva’s control means any act or event beyond Arriva’s reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
Arriva may transfer its rights and obligations under these Terms and Conditions, to another organisation, and Arriva will always notify you in writing if this happens, but this will not affect your rights or Arriva’s obligations under these Terms and Conditions.
This contract is between you and Arriva. No other person shall have any rights to enforce any of its terms.
Each of the paragraphs of these Terms and Conditions 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.
If Arriva fails to insist that you perform any of your obligations under these Terms and Conditions, or if it does not enforce its rights against you, or if it delays in doing so, that will not mean that Arriva has waived its rights against you and will not mean that you do not have to comply with those obligations. If Arriva does waive a default by you, it will only do so in writing, and that will not mean that Arriva will automatically waive any later default by you.
These Terms and Conditions are governed by English law. You and Arriva 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, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
11. Contact Us
If you are not satisfied by the Hotspot service you receive, in the first instance please contact the Wi-fi support helpdesk by contact the wifi support helpdesk by email to [email protected].