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If a User does not agree to these terms and conditions, they must not use the Services or the App. These terms and conditions supersede any prior arrangement between the User and Operator, and the Operator may at any time update these terms, cease offering some or all of the Services or terminate the contractual relationship established above. Amendments to these terms and conditions will be published on the Operator website and continued use of the App or the Services by the User is taken as acceptance of these terms as amended.
Users will require their own internet connection to use the App and will be responsible for any associated costs of data use. Users are responsible for enabling notifications from the App to ensure Users receive confirmation of the booking, notifications in relation to their trip any other updates or notifications from Operator from time to time. Users may choose not to enable notifications however by doing so, the User acknowledges that their use of the App may impact their use of the Services.
In addition, supplemental terms may apply to certain services, such as the use of WiFi on the Vehicles – these will be made available by the Operator on their website or before the time of use of such services.
In these terms, the following terms and definitions apply unless otherwise stated:
■ “App” means the IndieGo PLUS customer application available for download from the Google Play and Apple App Store stores.
■ “Associated Parties” means Warwickshire County Council and its subsidiaries (the “Group”), the Operator’s and Group’s contractors and subcontractors, agents, affiliates and advisers.
■ “Booking” means a confirmed agreement for the Operator to pick up the User at a nominated time and location and transport them to an agreed location.
■ “Conditions of Carriage” means the Stagecoach conditions of carriage applicable to Users when using the Services, available at https://www.stagecoachbus.com/conditions-of-carriage
■ “Services” means the provision of Demand-Responsive Transport services by or on behalf of Operator available to be booked by the User.
■ “Operator” means Stagecoach
■ “User” means any individual that downloads the App and/or uses the Services
■ “Vehicle” means a vehicle used by Operator to provide the Services.
To access the Services, Users will need to create an account in the App or on the Operator's website. To create an App account, Users must not be under 13 years old.
By becoming a User, individuals warrant that they have the right, authority and capacity to enter into and abide by these terms and conditions and agree not to allow any other person access to their account.
TO BOARD A VEHICLE USERS MUST HAVE A BOOKING – Operator Vehicles will not, under any circumstances, pick up passengers hailing Vehicles or waiting at ranks.
The Operator will use reasonable care and skill to make the App is available for use and operative at all times during which it operates the Services, however it will not be responsible or liable for failure of the App, which is beyond its reasonable control.
Although the Operator will take due care to ensure the accuracy and reliability of the App, it DOES NOT WARRANT THAT THE APP OR THE SERVICES WILL BE ENTIRELY ACCURATE, RELIABLE, SECURE, ACCESSIBLE OR FREE FROM ERRORS OR DEFECTS. IT IS THE RESPONSIBILITY OF THE USER TO INVESTIGATE WHETHER USE OF THE SERVICES WILL MEET THEIR REQUIREMENTS.
Passengers under 10years must be accompanied by an adult. Children under 13 years old cannot register to be a user of the App. Booster seats are available for smaller children.
Ten years or older
Children 10 years or older can travel independently. If children are travelling independently, it is highly recommend that the booking is made on the phone or device they will be travelling with to ensure they receive notifications about their trip. Children under 13 years cannot register to be a user of the App.
13 years and older
Children 13 years and older can register to be a user of the App and travel independently.
A Booking is made on confirmation from the Operator and notification of the estimated pick-up time is provided. Until a User has received this notification, no Booking will be accepted as confirmed by Operator. Bookings can be amended or cancelled by the Operator up to the point of pick-up.
Operator reserve the right to refuse carriage to Users who do not have evidence of their Booking in the form of either (i) a printed paper confirmation or (ii) an App confirmation on their mobile phone which can be displayed to the driver on pickup. Carriage may also be refused for breach of the Operator’s conditions of carriage.
Users must inform the Operator at the time of Booking if they are booking a trip for additional passengers. If a User has not notified the Operator at the time of arranging the Booking that there are additional passengers, the Operator may at its discretion refuse carriage to the additional passengers.
Users who require assistance with boarding should notify the Driver , who will endeavour to assist.
The Services currently do not provide for allocated seating and it is therefore the responsibility of the User to select a seat when they board the Vehicle. The safety of the User, including the use of seatbelts, is the responsibility of the User in all circumstances.
Pick-up locations are defined at the point of booking and the Operator will endeavour to stop at these locations or as close as is reasonably practical. These may be revised if the location creates a road safety risk for the Operator or other road users.
Users can cancel a trip through App. If the trip is cancelled more than two hours ahead of the allocated pick-up time, the User will be refunded in full. If it is cancelled less than two hours before the trip, or the User is not at the pick-up location at the allocated trip pickup time, no refund will be payable.
If a User repeatedly cancels trips without notifying Operator in advance, the User may be automatically ‘red flagged’ in our systems and may not be able to book On Demand trips in the future.
Fares for the Services are available at the time of booking on the app or verbally during a phone booking and are of a set fee per trip. Fares are determined by Warwickshire County Council and may be changed from time to time – current pricing will be available on the app or verbally during a phone quotation prior to a service commencing. Unless otherwise stated, fares are inclusive of all taxes. The applicable fare will become due and payable to Operator on the later of:
● For Users who elect to pay online through the App (through Visa or Mastercard) at the time of booking;
Payments will be processed in accordance with the method of payment selected at the time of Booking by the User. A failure to pay for the Services when they become due and payable will entitle Operator to cancel the Booking and/or refuse carriage of a User. Receipts will be issued by email to the User on payment of the fare.
Where available, if a User books a concession fare, that User must carry evidence of their valid concession entitlement with them at all times when using the Service and this must be clearly displayed to the driver on request. If a User fails to provide a valid concession entitlement the Operator reserves the right to either (a) charge a full fare or (b) refuse carriage at the Operator’s discretion.
The Operator reserves the right to charge additional cleaning and repair fees to cover the cost of any significant damage, soiling or graffiti caused directly by a User (excluding fair wear and tear).
When using the Services, Users agree to abide by all relevant laws the Operator’s Conditions of Carriage, including those in relation to passenger behaviour, public health requirements, and the carriage of children, buggies and wheelchairs, luggage and assistance animals.
A failure to abide by any of the above may result in the Operator prohibiting a User from using the Services and/or suspending their account.
A full list of the Conditions of Carriage can be reviewed here.
The information and data from these Services may be used to generate anonymised and aggregated statistical and analytical data and be used for the Associated Parties’ internal research and product development purposes and to conduct statistical analysis and identify trends and insights. In addition, the Associated Parties’ may supply the aggregated statistical and analytical data to third parties following Operator’s written consent. Personal Information (information or an opinion about passengers), collected from Users, such as name, date of birth, contact details, or sensitive personal information (including information about mobility/accessibility requirements) (together with Personal Information) collected by Operator may be disclosed to Warwickshire County Council.
All IP associated with the Services is owned by Operator and its Associated Parties unless otherwise specified. Through these terms and conditions, the User is granted a revokable, non-perpetual, non-exclusive licence to use the App for the purposes outlined above and no other purpose. The Operator warrants that it has taken all reasonable care and skill to ensure all third party IP used in the licence is used with the necessary permissions.
Any material uploaded by the User will become the property of Operator. By uploading any images or other materials onto public areas of the application, the User consents to the use of these in promotional material or other publications by Operator.
Operator will, at all times, use reasonable care and skill to deliver the Services in line with these terms and conditions and the [Conditions of Carriage].
TO THE EXTENT PERMITTED BY LAW, OPERATOR AND ITS ASSOCIATED PARTIES ARE NOT LIABLE FOR ANY LOSS (INCLUDING DIRECT OR INDIRECT LOSSES, DAMAGE, LIABILITY OR EXPENSES ARISING NATURALLY FROM THE PERFORMANCE OR NON-PERFORMANCE ANY BREACH OR DEFAULT BY OPERATOR OR A THIRD PARTY) CAUSED BY THE USER’S USE OF THE APP OR THE SERVICES.
WITHOUT LIMITING THIS SECTION, OPERATOR WILL NOT BE LIABLE FOR ANY COSTS INCURRED BY A USER AS A RESULT OF UNAVAILABILITY OF THE APP AND/OR A CANCELLED SERVICE, INCLUDING CONSEQUENTIAL DAMAGES OR THE COST OF ALTERNATIVE TRAVEL ARRANGEMENTS, INCLUDING WITHOUT LIMITATION FOR ANY FAILURE TO MEET A SUBSEQUENT JOURNEY ON ANY FORM OF TRANSPORT. SUBJECT TO THE BELOW, IN NO EVENT WILL OPERATOR’S LIABILITY TO A USER EXCEED THE COST OF THE BOOKING WHICH GAVE RISE TO THE LIABILITY IN RELATION TO ANY INCIDENT OR CLAIM.
Nothing in these terms effects any User’s Statutory Rights as a consumer in England and Wales.
The User AGREES TO INDEMNIFY THE OPERATOR, AND ASSOCIATED PARTIES, AS WELL AS THEIR DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY AND ALL CLAIMS, LIABILITIES, LOSSES AND EXPENSES ARISING FROM OR IN CONNECTION WITH:
● THE USER’S USE OF THE APP AND/OR THE SERVICES;
● THE USER’SBREACH OR VIOLATION OF ANY OF THESE TERMS;
● VIOLATION OF THE RIGHTS OF ANY THIRD PARTIES, INCLUDING THIRD-PARTY PROVIDERS AND OTHER USERS; AND
● ANY OTHER LOSSES SUFFERED BY THE OPERATOR AS A RESULT OF THE USER’S USE OR MISUSE OF THE APP AND/OR THE SERVICES.
The Operator may cease to operate the App or make it available at any time (either permanently or temporarily) to individual Users or all Users at the Operator’s discretion and, other than refunding the values of any balance associated with unused portions of Bookings made using the App shall have no liability to the User for such temporary or permanent cessation.
The Operator values feedback, questions and concerns from Users in relation to the App and the Services and will respond to all genuine enquiries as soon as possible. All feedback and enquiries should be lodged at first instance using the following methods:
By email on firstname.lastname@example.org
By telephone on +44 (0) 1926895559
By post by writing to Customer Service at the following address:
Warwickshire County Council
Customer Service Centre
This document records the entire agreement between the parties. Neither party has given any warranty or made any representation to the other party about the Services, other than those warranties and representations expressed in this document.
In the event that any term should be held to be unenforceable that term shall be read down or severed and the remainder of these terms and conditions shall continue to apply to the Services.
These Terms are deemed to have been made in England and are governed by English Law. Any dispute relating to this Agreement shall be referred to the English Courts. For the exclusive benefit of the Operator, the Operator retains the right to bring proceedings in the courts of the country of the User’s residence or principal place of business.
If the User loses the mobile device on which the mobile tickets are stored, the Operator will not be liable to issue replacement mobile tickets. The safekeeping of the mobile ticket is the User’s responsibility. In the event that the mobile ticket or the User’s device is lost or damaged, the Operator will not provide a duplicate or replacement ticket and a new ticket will need to be purchased.
The App may only be accessible and function when used in conjunction with certain devices and or operating system. It is the User’s responsibility to ensure that the mobile device on which the App operates has the required version of the relevant operating system. The User is responsible for all data charges incurred when using the App with the provider of data services to the User’s mobile device.