Frequently asked questions

Terms

Privacy policy

Support

©2019 Modal Limited

Company number 09957136

*figures are as at 5 November 2019

modal_rail_logo_300x27.png

General terms

Summary

Here is a short summary of our terms. We recommend that you read the full terms below.

  • By using the Modal Rail app you’re agreeing to our terms and conditions, which may change at any time

  • To use the app you need to create an account by providing your email address. You’re responsible for all activities on your account

  • Information in the app relies on third party data, and journey and claim information are estimates only

  • We have the right to process your season ticket Delay Repay claims, and with prior notice we may deduct a service fee from compensation we receive from the train operator

  • You will review your claims for accuracy before submitting to us for processing. You’re solely responsible for ensuring the claim is valid, including:

    • You hold a valid ticket for the claim

    • You made or intended to make the delayed journey

  • You have reviewed and agree to your train operator’s terms

  • We are not liable for any damages resulting from your use of the App

Full terms

Terms acceptance

  • These terms and conditions set out the agreement between you and Modal Limited (us, our, we) (“Terms”)

  • We operate the Modal Rail iOS application and Modal website (together, “App”) and by using the App you’re agreeing to these terms

  • You understand and agree that we may change these Terms at any time without prior notice. All changes will become effective when posted to the App. If any change to our Terms is not acceptable, your only remedy is to cease using the App

Your account

  • To use the App you need to create an account by providing your email address. Your account is personal to you, and you should not share your account information with, or allow access to your account by, any third party.

  • You are responsible for all activities that occur under your account, and you agree to use reasonable efforts to prevent unauthorised access, including protecting the confidentiality of your email login details.

  • You agree to let us know immediately if there is a breach in secrecy of your login details by notifying us at team@modal.org.uk. You will be solely responsible for any losses incurred due to any unauthorised access to and/or use of your account.

 

App information

  • The App’s information relies on device data, and data from third parties such as National Rail. We will try to ensure that information is accurate and up to date, but this cannot be guaranteed

  • Your journeys and claims identified by the App are only estimates

  • We do not accept any liability for any error or omission in the App’s information. We exclude all liability for any action you may take or loss you may suffer (direct or indirect including loss of income, profit, opportunity or time) as a result of relying on any information available through the App

 

App maintenance

  • To make the App reliable we need to release updates and carry out general diagnosis from time to time. We will aim to do so at non-peak times

 

Claim processing service

  • We have the right to provide our service that processes your rail delay claims, unless we notify you that the service is not available

  • We may charge you a fee for this service which becomes effective once posted to the App. We may deduct the service fee, if any, from the compensation we receive from your franchise operator as defined in the Railways Act 1993 ("Train Operator")

  • You acknowledge and agree that we only process claims for season ticket holders of specified Train Operators that run the ‘Delay Repay’ scheme

  • You agree that we will not accept vouchers and other non-monetary forms of compensation from Train Operators

  • In relation to each and every claim that you submit for us to process you warrant and/or undertake:

    • That the claim you are submitting is yours and you will not submit it unless you have satisfied yourself that the claim details are accurate to the best of your knowledge

    • That the claim is valid and non-fraudulent, including that:

      • You hold a valid ticket for the claim

      • You made or intended to make the delayed journey

    • To review and agree to the terms and conditions of your Train Operator

    • That any claim submitted by you has not already been submitted to your Train Operator by you or another third party

    • That you will not process the claim directly or via another third party, or have any direct contact with the Train Operator regarding a claim that has been submitted to Modal, unless requested by us

    • To immediately inform us in the event you submit a claim to us but then receive any compensation directly from a Train Operator relating to that claim

  • We reserve the right to not process or decline ​your rail delay claims if we believe there is a breach of these Terms

 

App and claim service use

  • You agree not to:

    • Take any action that imposes an unreasonable load on the App's infrastructure or our claim service

    • Use any device, software or routine to interfere or attempt to interfere with the proper working of the App or any activity being conducted in the App

    • Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the App

    • Delete or alter any material posted on the App by us or any other person or entity

 

Intellectual Property

  • The App contains material, including but not limited to software, text, graphics and images (collectively "Modal Content"). We may own the Modal Content, or portions may be made available to us through agreements that we have with third parties.

  • Unauthorised use of the Modal Content may result in violation of copyright, trademark, and other laws. You have no rights in or to the Modal Content, and you will not use, copy or display the Modal Content

User generated content

  • We do not claim ownership of any text, images, photos, video, sounds or any other materials that you post on the App or email, or share on social media to Modal (“User Content”)

  • By providing this User Content, you hereby grant to us a non-exclusive, royalty-free, worldwide and irrevocable license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such materials, including without limitation for promoting and redistributing part or all of our App (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds)

  • We can continue to use your User Content in these ways if you cease to use the App

 

Third party websites

  • Hypertext links in the App may lead to websites that are not under, operated and/or controlled by us. We accept no responsibility or liability in respect of the material on any website which is not operated and/or controlled by us

 

Disclaimer

  • Modal, its affiliates, and our respective officers, directors, employees, agents, suppliers, or licensors (together, "Modal Parties") make no warranties or representations about the content of the App and the underlying software, including but not limited to its accuracy, reliability, completeness or timeliness. We take no responsibility for and shall not be subject to any liability whatsoever for the truth, accuracy or completeness of the content or any other information conveyed to the user, or for errors, mistakes or omissions therein or for any delays or interruptions of the data or information stream from whatever cause.

  • Whilst we will monitor the App and aim to fix bugs identified or that are made known to us, Modal Parties do not warrant that the App or underlying software will operate error free or that the App, its server, or the content are free of computer viruses or bugs or similar contamination or destructive features. If your use of the App or the content results in the need for servicing or replacing equipment or data, no Modal Party shall be responsible for those costs.

  • The App and Content are provided on an "as is" and "as available" basis without any warranties of any kind. Modal Parties disclaim all warranties, whether express or implied, and including, but not limited to, merchantability, non-infringement of third-party rights, and fitness for particular purpose.

 

Limitation on Liability

  • In no event shall any Modal Party be liable for any loss or damage whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the App, the information contained in the App, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if a Modal Party has been advised of the possibility of such loss or damage.

  • Some countries and states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such countries or states, the liability of Modal Parties resulting from the use or inability to use the App or the information contained in the App shall be limited to the greatest extent permitted by law.

  • For clarity, we do not limit or exclude our liability

    • For personal injury or death resulting from our negligence

    • For fraud or fraudulent misrepresentation

    • To the extent our liability cannot be limited or excluded under the Consumer Rights Act 2015 or any other applicable law

 

Indemnification

  • You agree to defend, indemnify, and hold harmless Modal Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms or your access to, use or misuse of the Modal Content, the User Content and/or the App.

  • Modal shall provide notice to you of any such claim, suit, or proceeding. Modal reserves the right to assume the exclusive defence and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Modal's defence of such matter

 

Privacy

  • Your access to and use of the App is also subject to Modal's Privacy Policy

  • By accepting these Terms, you also confirm that you have reviewed and understand our Privacy Policy, and you acknowledge that any information shared by, or collected from or about you may be used by Modal in accordance with our Privacy Policy, as it is updated or changed from time to time

 

Termination of these Terms

  • We reserve the right, in our sole discretion, to restrict, suspend, or terminate these Terms and your access to all or any part of the App or the Modal Content at any time and for any reason without prior notice or liability.

  • We reserve the right to change, suspend, or discontinue all or any part of the App or the Model Content (including User Content) at any time without prior notice or liability. The following sections of the Terms will survive the termination or expiration of these Terms:

    • Intellectual property

    • User generated content

    • Limitation on liability

    • Third party websites

    • Law and jurisdiction

 

Law and Jurisdiction

  • These Terms will be governed by English law. Any dispute arising from, or related to, these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

 

Miscellaneous

  • If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

  • Failure of Modal to act on or enforce any provision of these Terms shall not be construed as a waiver of that provision or any other provision in these Terms.

  • No waiver shall be effective against Modal unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.

  • Except as expressly agreed by Modal and you, these Terms constitute the entire agreement between you and Modal with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter.

  • The section headings are provided merely for convenience and shall not be given any legal import.

  • These Terms will apply for the benefit of our successors, assigns, licensees, and sub-licensees

 

Train Operator terms

Below are the terms and conditions of Train Operators’ for who we offer a claim processing service. By using our claim processing service you warrant and undertake to review and agree to the terms of your Train Operator.

 

South Western Railway

Claim form terms and conditions

“South Western Railway respect and protect everyone's privacy. South Western Railway will use the data you are submitting to process your claim, and to prevent and detect fraud. South Western Railway will not use your data to contact you, unless we need to discuss your claim or tell you about changes to the Delay Repay scheme which might affect you. If the journey you are claiming for was operated by a different Train Operating Company, we will share the details you have provided with the relevant TOC to enable your claim to be processed. More information about how we use and protect your data can be found in our Privacy Policy.”

 

General terms and conditions

 

E-ticket terms and conditions