GoSESTRAN Terms & Conditions

GoSESTRAN Terms & Conditions

Terms & Conditions

      1. These terms
    1.  Why you should read these Terms. Please read these Terms carefully before you use the GOSESTRAN Services, create an account or submit any request for a Journey Plan to us. These Terms tell you who we are, how we will provide the GOSESTRAN Services to you, what to do if there is a problem and other important information. If you think there is a mistake in these Terms or require any changes, please contact us to discuss.
    2. What these terms cover. These are the terms and conditions ("Terms") for the use of our app, content, tools and software (the "GOSESTRAN Services") and on which we supply the GOSESTRAN Services to you.
    3. Journey Plans. The GOSESTRAN Services are available primarily for journeys ("Journeys") within Scotland (see clause 1.7 below) and include:
      1. Providing itineraries, carbon emission estimates and price estimates for Journeys by, for example, car, rail, bus, walking, cycling, car club, bike hire, community transport, demand responsive transport, taxi or a combination of these, to you ("Journey Plan"), 
    4. Individual Travel. GOSESTRAN has been designed for your individual use only and may only be used to arrange Journeys and Journey Plans to cover your own, individual travel. We only supply the GOSESTRAN Services for domestic and private use.
    5. Booking and Paying for Journeys & Additional Terms. You are responsible for arranging booking (where required) and payment for your own transportation/assistance for any Journey identified within a Journey Plan with the relevant third-party Transport Operator or Booking Agent (Collectively “Transport Service Providers")
    6. You will be subject to the terms and conditions of the relevant Transport Service Providers (Transport Service Provider Terms).
    7. Transport Service Providers are responsible for ensuring that the transport offered is delivered in accordance to their service terms and complying with all laws, rules and regulations that apply to their service.
    8. You are required to pay for all Journeys from your own money.
    9. You are responsible for ensuring that you have enough money to pay for your Journey and travel with the correct ticket and proofs of entitlement.
    10. All Bookings and Payments for Journeys are made between you and the relevant Transport Service Providers and you will be subject to all of the relevant Transport Service Providers’ Terms of Use, Policies and Conditions of Carriage.
      1. Before making a Taxi Booking in the GoSESTRAN app, you must agree to the latest General Terms of Use of Karhoo (a Booking Agent) which can be found here. You will be asked to accept the Karhoo General Terms of Use and the specific taxi Transport Operator’s terms of Use before completing your Taxi Booking.
      2. Before making a Rail Booking in the GoSESTRAN app, you must agree to the latest Terms and Conditions of RailEasy (a Booking Agent) which can be found here. You will also be asked to accept the RailEasy Terms and Conditions before completing your Rail Booking.
    11. If you encounter any problem with your journey, please contact the relevant Transport Service Provider or fill in the contact form available at https://support.GoSESTRAN.co.uk/ 
    12. Information provided by the GOSESTRAN Services. All information provided to you in connection with a Journey or otherwise (including without limitation routes, times, delays, cost, points of interest and traffic conditions) is based on information provided to us by various third parties. Whilst we take reasonable efforts to provide you with accurate and up-to-date information, we make no representations and provide no warranties or guarantees, whether express or implied, that any information we provide to you is accurate and/or up-to-date as we are reliant on the information provided to us by the relevant third parties.
    13. Geographical restrictions. The GOSESTRAN Services are primarily for the promotion of Journeys and Journey Plans within Scotland. When using the GOSESTRAN services you may still be able to plan a Journey that originates or terminates at a location outside of this area, but the information provided may not be as accurate or full.
    14. Your use of any information or materials provided by the GOSESTRAN is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through the GOSESTRAN meet your specific requirements.
2. Additional Terms
  1. Each Journey Plan provided to you incorporates these Terms and constitutes an individual contract between us. These Terms also incorporate our Privacy Policy.
3. Eligibility to use the GOSESTRAN Services
  1. To use the GOSESTRAN Services and for us to provide you with GOSESTRAN Services you must:
    a. agree to these Terms;
    b. be aged 12 or over;
4. Information about us and how to contact us
    1. Who we are. We are the SOUTH EAST OF SCOTLAND TRANSPORT PARTNERSHIP (SEStran) a local government organisation constituted and incorporated under the Transport (Scotland) Act 2005 whose principal offices are at Area 3D (Bridge), Victoria Quay, Edinburgh, EH6 6QQ. We have contracted EMBER TECHNOLOGY LTD, a company incorporated in Scotland (registration number SC549072) having its registered office at Saltire Centre, Pentland Park, Glenrothes, Fife, United Kingdom, KY6 2AL to provide and operate the GOSESTRAN Services on our behalf.
    2. How to contact us. You can contact us by filling in the contact form available at https://support.GoSESTRAN.co.uk/ 
    3. How we may contact you. If we have to contact you (see clause 4.4) we will do so by writing to you at your email address if you have provided this information to us. You do not need to provide us with this information to use the GOSESTRAN Services but you will have to provide a valid e-mail address if you choose to create an account as this acts as your username at the point of login
    4. Why we may contact you. We may have to contact you to address any issues you have contacted us about, provide you with a forgotten password link related to your account, contact you about your win if you were the winner of a competition which we run from time to time or to provide you with the option to complete a survey.
5. Restrictions of the GOSESTRAN Services
    1. You must not:
      a. use the GOSESTRAN Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, onto our website, app or any operating system;
      b. infringe our intellectual property rights or those of any third party in relation to your use of the GOSESTRAN Services;
      c. use the GOSESTRAN Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
      d. collect or harvest any information or data from the GOSESTRAN Services or our systems or attempt to decipher any transmissions to or from our servers running the GOSESTRAN Services; and
      e. use the GOSESTRAN Services for commercial or business purposes.
    2. We reserve the right to restrict or block access to the GOSESTRAN Services due to breach of these Terms
6. Journey Planning Terms
    1. Use of the GOSESTRAN Services. The GOSESTRAN Services are designed to provide you with information on Journeys you may wish to take and provide you with options as to how to travel on those Journeys.
    2. We cannot guarantee the availability of all Journey options when you use the GOSESTRAN Services. You can report any errors to us by filling in the contact form available at https://support.GoSESTRAN.co.uk/
7. Refunds
    1. The Transport Service Providers used for your Journey are responsible for any refunds. These will be subject to the specific Transport Service Provider Terms. You are responsible for checking these before you book, pay and/or travel.
    2. If you encounter any problem with your Refund after contacting the Transport Service Provider, please contact us by filling in the contact form available at https://support.GoSESTRAN.co.uk/  
8. Our rights to make changes
    1. We may need to change these Terms to reflect changes in law or best practice or to deal with additional features or Transport Service Providers which we introduce.
    2. We will require you to accept any changes to these Terms the next time you use the GOSESTRAN Services. If you choose to reject the new Terms you will not be able to continue to use the GOSESTRAN Services.
9. Providing the services
  1. Your responsibility for tickets and travel passes. It is your responsibility to ensure you carry the correct tickets or confirmation for any Journey, along with any proofs of ID, concessionary passes or railcards that are required for your Journey. If the ticket for your Journey is an electronic ticket, you are responsible for activating the electronic ticket before a Journey starts where this is required by the Transport Service Providers.
10. If there is a problem with the GOSESTRAN Services and feedback
  1. How to tell us about problems and give us feedback. If you have any questions or complaints about the GOSESTRAN Services, or to provide feedback, please contact us. You can use the Help Centre which can be accessed from within the GOSESTRAN app or via https://support.GoSESTRAN.co.uk/ 
11. Estimates, Price and Payment
    1. Where to find the fixed price and estimated price for a Journey. The fixed/estimated price of each Journey (which include VAT) will be the price indicated on your Journey Plan. We take all reasonable care to ensure that the price of each Journey advised to you is correct at time of planning and that estimated prices are as accurate as possible based on the information you have provided. However please see clause 1.10 above for details of how we obtain Journey information and clause 12.3 to explain how an estimated price is calculated and what this means.
    2. If you have indicated in your account that you hold a valid entitlement card, such as a concessionary bus pass, a Young Scot card or a Railcard, this will be reflected in the estimated price for each Journey. You are responsible for ensuring you carry the valid proofs of entitlement when you travel.
    3. Estimated Prices. When planning a Journey that does not have a fixed price, such as a journey involving driving or a bike hire, we will provide an estimated price based on the information given to us by third parties and the details of your planned Journey (based on the minimum time and distance of your planned Journey). The estimated price may be higher or lower than the actual price once you have completed your Journey. The estimated price is provided as an indicator only and you are responsible for paying the actual price at the end of your Journey. For example, we may provide an estimated price for a bike hire Journey but the actual cost payable at the end of the Journey may be more or less depending on the Transport Service Provider you use and the actual time and/or distance of your Journey being longer/shorter than the Journey time and distance used to calculate the estimated price.
    4. When you must pay and how you must pay. You acknowledge that you will be financially responsible for any Journeys which are made using information provided by the GOSESTRAN Services. All payments should be made to the Transport Service Providers you use via their accepted payment methods.
    5. SESTRAN may receive a commission when you book and pay for journeys using the GoSESTRAN Services.
12. Our responsibility for loss or damage suffered by you
  1. No exclusion or limitation of liability for certain losses. 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; and for breach of your consumer rights in relation to the GOSESTRAN Services that we cannot exclude.
  2. We are not liable for business losses. We only supply the GOSESTRAN Services for domestic and private use. If you use the GOSESTRAN Services for any commercial, business or re-sale purpose we will have no liability to you for any losses, including without limitation loss of profit, loss of business, business interruption costs or loss of business opportunity.
  3. Exclusion and Limitation of losses. Save as set out in clauses 13.1 and 13.2, our total liability to you for all losses arising under or in connection with each Journey you make, whether in contract, delict (including negligence), breach of statutory duty or otherwise, will in no circumstances exceed the higher of either the total price paid by you for the relevant Journey or the total fixed price or estimated price indicated to you in the applicable Journey Plan.
13. Your Responsibility for Loss or Damage Suffered by Us or Providers
  1. You are responsible for adhering to any conditions of travel imposed upon you by any of the Transport Service Providers used during your journey.
  2. You will indemnify us and hold us harmless for any liabilities, damages, loss, charges or expenses we incur in respect of any claim made against us by a Transport Service Provider arising out of or in connection with your acts or omissions or the acts or omissions of anyone who travels with you on any Journey.
14. Other important terms
  1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will ensure that the transfer will not affect your rights.
  2. You may not transfer your rights under these Terms to anyone else.
  3. Nobody else has any rights under these Terms. These Terms are between you, SESTRAN and Fuse Mobility Ltd. No other person shall have any rights to enforce any of the provisions in these Terms. Neither of us will need to get the agreement of any other person in order to end these Terms or to make any changes to these Terms.
  4. If a court or relevant authority finds part of these Terms to be illegal, the rest will continue in full force and effect. Each of the clauses within these Terms operates separately. If any court or relevant authority decides that any of the clauses within these Terms are unlawful, the remaining clauses will remain in full force and effect.
  5. Even if we delay in enforcing these Terms, we can still enforce these Terms at a later date. 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 any of the provisions within these Terms, 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. 
  6. Which laws apply to this contract and where you may bring legal proceedings. These Terms are governed by Scots law and are subject to the exclusive jurisdiction of the Scottish courts.