Terms and conditions
General terms and conditions for the application and use of an Our Pass card issued by Transport for Greater Manchester
- Introduction, scope and exclusions
1.1. These terms and conditions ("Terms") (together with the documents or other items referred to in them) tell you, our customer, how you may apply for and use an Our Pass smart card (“Our Pass card”) issued by TfGM (as defined in clause 1.3 below). When applying for and using an Our Pass card, you will be deemed to have accepted these Terms and accept and agree to adhere to the Code of Conduct (as set out in clause 8 below).
1.2. The purpose of the Our Pass card is to give young people greater access, through free bus travel and discounted Metrolink travel, to educational, leisure, social and cultural activities. In some cases the Our Pass card can be used with a third party to enable you to access special offers, discounts, activities and other items (“an Opportunity” and “Opportunities” shall be construed accordingly), which are strictly subject to availability and any other specific restrictions that may apply. Please note that you may be subject to separate terms and conditions with TfGM and/or other third parties for any Opportunity.
1.3. Transport for Greater Manchester ("TfGM"), established pursuant to the Transport Act 1968 and the South East Lancashire and North East Cheshire Passenger Transport Area (Designation) Order 1969, is the passenger transport executive for the combined authority area of Greater Manchester. TfGM’s headquarters are at 2 Piccadilly Place, Manchester M1 3BG, and references to “we”, “us” and “our” in these Terms shall be construed accordingly.
1.4. Please note however that these Terms do not cover any conditions of carriage or terms and conditions that may apply to any relevant transport operators, which may include bus operators or in the case of the Metrolink (as defined in clause 2.1.2), TfGM. The applicable terms and conditions can usually be found on the relevant bus operator’s website or in the case of Metrolink, at tfgm.com/public-transport/tram.
1.5. Please read these Terms carefully before applying for and using your Our Pass card. It is your responsibility to be familiar with these Terms. The Terms include provisions which limit TfGM’s liability.
1.6. We may refuse to issue or we may withdraw your Our Pass card at our discretion and in accordance with these terms and conditions.
2.1. The Our Pass card entitles the user to:
2.1.1. free travel on any bus service operating within Greater Manchester that is participating in the Our Pass scheme;
2.1.2. discounted fares on the Metrolink tram service (“Metrolink”) of 50% off an adult price off peak 1-day Metrolink travelcard; and
2.1.3. discounted fares on the Metrolink of 50% off an adult price off peak weekend Metrolink travelcard.
2.2. For the purposes of these Terms, off peak travel is when you travel after 09:30am on weekdays or all day on weekends and bank holidays.
2.3. You will be eligible for an Our Pass card:
2.3.1. from 1 September 2019 after your 16th birthday (and you will be able to use your Our Pass card until 31 August after your 18th birthday or if your birthday is on 31 August, until your 18th birthday); and
2.3.2. if you are residing in Greater Manchester.
2.4. If you do not meet the eligibility criteria set out in clause 2.3 then you will not be entitled to apply for or use an Our Pass card.
2.5. To prove that you meet the eligibility criteria set out in clause 2.3 you will need to provide evidence of your eligibility. This means you will have to upload at least one document for each of the following criteria, both of which must also include your full name:
2.5.1. for proof of age, you must provide a copy of a passport, driving licence, birth or adoption certificate, NHS medical card, biometric residence permit, valid UK ID card, EU/EEA ID card or HM forces ID card; and
2.5.2. for proof of address, you must provide a letter or statement from your bank, building society, utility company, mobile phone provider or HMRC (all of which must be no more than 3 months old from the date of your application).
2.6. You will not be eligible for the Our Pass card if you no longer reside in Greater Manchester.
- Applying for an Our Pass card
3.1. You can apply for an Our Pass smart card by using:
3.1.1. the Our Pass website (ourpass.co.uk) (“Website”); or
3.1.2. a form which can be obtained at a TfGM Travelshop (“Travelshop”).
3.2. Applications for an Our Pass card must be made by you as the user and applicant.
3.3. Please note that you will be charged a non-refundable administration fee of £10 when applying for an Our Pass card. This fee will not be refunded if your application is rejected or if you lose your Our Pass card.
3.4. Applying for an Our Pass card through the Website or a Travelshop means that you will be required to provide us with personal data, so that we can associate your Our Pass card with you.
3.5. When applying for an Our Pass card you will be required to submit a photograph of yourself. The photograph on your Our Pass must be a true and current likeness of yourself and your Our Pass card may be taken away from you if this is not the case.
3.6. When applying for an Our Pass card in a Travelshop you will be required to provide an email address so details of your online account can be sent to you. You will then be able to access your online account through the Website.
3.8. In accepting these Terms, we may:
3.8.1. contact you to keep you updated on the Our Pass scheme and any Opportunities; and
3.8.2. automatically enter holders of an Our Pass card into any prize draw competitions run by TfGM in connection the Our Pass scheme and any Opportunities.
- Creating an online account
4.1. To apply for an Our Pass card you will need to create an Our Pass online account. Please see section 3 for further information on how to apply for an Our Pass card.
4.2. If your application is successful, it will mean that your Our Pass card will be registered for the purposes of these Terms and you will be able to use the Our Pass card to:
4.2.1. travel for free on any bus service operating within Greater Manchester that is participating in the Our Pass scheme;
4.2.2. purchase discounted off peak 1-day and weekend Metrolink travelcards, which are only available for purchase at getmethere.com; and
4.2.3. access Opportunities (subject to availability and any specific restrictions that may apply to any such Opportunities).
4.3. You confirm that you have authority to use the payment method or account details you provide for the purpose of applying for your Our Pass card.
4.4. If you are below 18 years old, and you are using a debit or credit card which is in the name of someone else, you must and will be deemed to have obtained appropriate consent from the debit or credit cardholder prior to using their card.
4.5. You promise that all information supplied by you in your application and when using your Our Pass card and online account is accurate.
4.6. When you create an Our Pass online account, you are responsible for maintaining the confidentiality of your Our Pass username and password combination ("Sign In Details") and for restricting access to your computer (or other device) to prevent unauthorised access to your Our Pass online account.
4.7. You must keep your Sign In Details secret and take all reasonable precautions to prevent unauthorised or fraudulent use of them. You must not disclose your Sign In Details to any other person or record your Sign In Details in any way that may result in them becoming known to another person.
4.8. You agree to accept full responsibility for all activities that occur under your Our Pass online account, except where your online account has been accessed or used without your permission in cases where you have complied with clause 4.7. You should inform us immediately if you have any reason to believe that your Sign In Details have become known to anyone else, or if the Sign In Details are being, or are likely to be, used in an unauthorised manner, by contacting our Customer Services on 03000 035 035 or by emailing us at email@example.com (“Customer Services”).
4.9. You must notify us of any change of personal details you provide, either by updating those details using your Our Pass online account, by contacting Customer Services or by visiting a Travelshop. Please note that if you wish to notify us of a change of name or address, you will need to call Customer Services.
- Receiving your Our Pass card
5.1. Once you have set up your Our Pass online account, you will receive email confirmation that your application has been received and is being processed.
5.2. Once your application has been processed you will receive another email to confirm whether your application has been accepted or rejected. Subject to your application being successful, your Our Pass card will usually be sent to you within 5-7 working days using Royal Mail Second Class delivery service, unless:
5.2.1. we withhold posting your Our Pass card to you until the scheme is running, and subject to clause 5.2 in time for you to use your Our Pass card, on 1 September 2019; and
5.2.2. there are exceptional circumstances which will be specified when applying. Please note that we cannot accept responsibility for Our Pass smart cards once received by Royal Mail.
5.3. If your Our Pass card is not delivered to you within 7 working days, or the time specified to you, you should report this immediately by telephoning our Customer Services team.
5.4. Where we have incorrectly issued an Our Pass card, please contact our Customer Services team.
5.5. Please note that replacement Our Pass cards and travelcards cannot be collected at Travelshops, third party retail outlets or from bus operators.
5.6. An Our Pass card reported by you as lost in the post will be treated as lost if it has not been received by you within 15 working days of your order. If there is no proof that the original Our Pass card was delivered to you, the original card will be blocked and a new card will be issued to you.
5.7. Please note that it is your responsibility to ensure that the delivery address provided as part of your application is complete, accurate, secure and suitable for accepting Royal Mail deliveries. We do not accept any responsibility for failure to deliver Our Pass cards to incomplete, inaccurate or insecure addresses.
5.8. Unfortunately, we do not deliver Our Pass cards to addresses outside the UK.
- Risk and title
6.1. The use of your Our Pass card will be at your own risk from the time that your Our Pass card is delivered to you.
6.2. All Our Pass cards remain the property of TfGM at all times, and may be blocked (with the effect that the Our Pass card will cease to function if we believe the Our Pass card has been lost, altered, tampered with, misused or stolen.
6.3. If your Our Pass card is blocked, you will need to contact Customer Services who will advise you on the reason why and provide further assistance.
- Using your Our Pass card
7.1. If you are travelling on a bus service within Greater Manchester that is participating in the Our Pass scheme, the presentation of your Our Pass card will be determined by the conditions of carriage and/or passenger regulations of the operator providing the bus service, but you will nevertheless be required to hold your Our Pass card on the touchplate of, and wait for an audible response from, the smart reader equipment located on the bus where you begin your journey (this is known as ‘touch in’) at the electronic ticket machine provided on the relevant bus service.
7.2. Please note that you may be required to state your destination to any ticket inspector, driver or other member of staff or agent of the relevant bus operator and that if you use your Our Pass to travel on a bus service within Greater Manchester which then crosses into another local authority area, you may be required to have in your possession another form of valid ticket or pass entitling you to travel outside of Greater Manchester.
7.3. If you are travelling on the Metrolink, you must touch in and also hold your Our Pass card on the touchplate of the smart reader where you finish your journey (this is known as ‘touch out’) at each appropriate Metrolink stop.
7.4. Please note that you may be asked to present your Our Pass card (and if travelling on Metrolink, you may be asked to validate your travelcard) to any ticket inspector, customer service representative, staff or agent of TfGM, the Metrolink or a relevant bus operator.
7.5. If you do not have a valid Our Pass card or Metrolink travelcard with you when you travel, you must buy a full price ticket for your journey (or have in your possession another form of valid ticket or pass, entitling you to travel). For clarification, any tickets bought in such circumstances are non-refundable and in the event that you travel without a valid Our Pass card or full price ticket then you may be liable for a fine.
7.6. You must not allow another person to use your Our Pass card. Your right to free or discounted travel is not transferable. Your Our Pass does not cover the travel of carers or companions.
7.7. When using your Our Pass, you must also comply with the Code of Conduct, as set out in clause 8, and observe the appropriate passenger regulations, conditions of carriage and byelaws applicable to your journey (including those of any relevant third party). We may refuse to make available, or refuse to accept the continued use of, an Our Pass card if we have reason to suspect that such an Our Pass card has, or will be, used for fraudulent or improper purposes or not in accordance with these Terms or the Code of Conduct. TfGM reserves the right to block any Our Pass cards in order to make them unusable in such circumstances.
7.8. Your Our Pass is valid up to the expiry date shown on the front of it and/or for as long as you continue to be eligible to use your Our Pass card or until we decide otherwise.
7.9. Your Our Pass is not valid if it is damaged or altered in any way.
7.10. Your Our Pass can be taken from you if it is not used in compliance with these Terms and/or the Code of Conduct.
7.11. If you are told that your Our Pass is no longer valid for travel, you must pay for your journey. TfGM or the bus operator may retain your Our Pass card in such circumstances, and you should contact Customer Services to request a replacement.
7.12. You must contact Customers Services immediately if:
7.12.1. your Our Pass is lost or stolen or you move home;
7.12.2. you believe your Our Pass is faulty (for example, it is frequently rejected by smart readers); or
7.12.3. you are no longer eligible for an Our Pass.
7.13. Do not use your Our Pass card after it has expired or has been replaced.
7.14. Do not damage or deface your Our Pass card. If you do it may be taken away from you and you will have to apply for a replacement, which you will have to pay for.
7.15. Your Our Pass card is not a valid ticket on Metrolink unless a Metrolink travelcard has been loaded on to it and where such travelcard covers the journey you are making on Metrolink at that time.
7.16. For the avoidance of doubt, Our Pass cards and Metrolink travelcards do not offer a guaranteed place on any particular route or mode of transport. Seats are allocated on a first come first served basis, or in accordance with the relevant bus operator’s or Metrolink conditions of carriage, or in accordance with the policies of TfGM (as appropriate). Our Pass cards and Metrolink travelcards do not guarantee the availability, or the accuracy of any timetabling, of any bus or Metrolink service.
7.17. Metrolink travelcards will be sold subject to their own particular terms and conditions. Before purchasing any Metrolink travelcards, please read carefully the terms and conditions that apply to them at www.getmethere.com/terms.php
7.18. If your Our Pass does not work or if you purchase a Metrolink travelcard that does not work correctly, please contact our Customer Services team.
7.19. TfGM may at its own discretion block and disable any Our Pass card that has not been used for a period of 2 years. Once an Our Pass card has been blocked in such circumstances, it will become unusable and you will have to apply for a new one if eligible to do so.
- Code of Conduct
8.1. A code of conduct applies to anyone using an Our Pass card (“Code of Conduct”). The Code of Conduct is set out below and it your responsibility to ensure that you understand and comply with it. This means that you will be expected to:
8.1.1. respect and treat others, including travelling members of the public and members of staff, as you would like to be treated;
8.1.2. behave in a considerate manner;
8.1.3. act safely and responsibly;
8.1.4. not smoke, use an electronic cigarette or consume any alcoholic drink or drugs; and
8.1.5. avoid any behaviour that may upset others. This includes doing things like littering, playing music too loud or using any language that may cause offence to others.
8.2. If you fail to comply with the Code of Conduct then you may lose your Our Pass card. This can happen if you breach the Code of Conduct on three occasions, or less if there is a serious breach. Examples of what may constitute a serious breach of the Code of Conduct include any:
8.2.1. form of hate crime;
8.2.2. use or threats of violence towards others;
8.2.3. tampering with or damaging any property;
8.2.4. antisocial or criminal behaviour of any kind, including breaching any appropriate bye-laws.
8.3. If we become aware that you have failed to comply with the Code of Conduct then a record will be made, detailing the incident and when it occurred. We will be entitled at our discretion to determine the severity of the breach and withdraw your Our Pass card as we see fit.
8.4. If you fail to comply with this Code of Conduct then you will no longer be entitled to the benefits set out in clause 2.1, your Our Pass card may be blocked and you may be asked for it to be returned to a Travelshop or handed in to an appropriate member of staff.
8.5. You may be able to earn your Our Pass card back by:
8.5.1. volunteering in your local community;
8.5.2. taking part in some form of restorative justice or some other form of rehabilitation; and
8.5.3. attending an educational session hosted by the Greater Manchester Travelsafe Partnership.
8.6. If you contact us to ask for your Our Pass card to be reinstated, we will let you know how you can earn your Our Pass card back and assist you with that process where appropriate.
8.7. The earn-back or return of any Our Pass card is at TfGM’s entire discretion and is subject to you having successfully participated in at least one of the activities set out in clause 8.5.
- Lost and Stolen Our Pass cards
9.1. Your Our Pass card is an item of value and should be looked after as if it were cash. If your Our Pass card is lost or stolen, please notify us immediately by using the Website or by contacting our Customer Services. When reporting your Our Pass card as lost or stolen, you will be required to provide us with suitable proof of your identity (the suitability of which shall be at our absolute discretion).
9.2. If you report your Our Pass card as lost or stolen, we will disable and block your Our Pass card and you will need to obtain a new Our Pass card. For clarification, once an Our Pass card has been blocked, it will become unusable and any travelcards that you have purchased (irrespective of whether they have been loaded on to your Our Pass card) will no longer be available.
9.3. You are advised to ensure that, as an item of value, your Our Pass card and the value of any travelcards stored on it are insured against loss or theft through your own household insurance policy.
9.4. We may charge an administration fee of £10 for a replacement Our Pass card.
- Closing your Our Pass online account
10.1. If you wish to close your Our Pass online account please contact Customer Services.
10.2. When you apply to close your Our Pass online account, you will be required to provide us with suitable proof of your identity (the suitability of which shall be at our absolute discretion).
10.3. The closure of your Our Pass online account will result in your Our Pass card being disabled and blocked. Once an Our Pass card has been blocked it will become unusable, and any travelcards that you have purchased (irrespective of whether they have been loaded on to your Our Pass card) will no longer be available.
- Our liability
11.1. Subject to clause 11.4, we will not be liable for losses that result from our failure to comply with these Terms that fall into the following categories:
11.1.1. loss of income or revenue;
11.1.2. loss of business;
11.1.3. loss of profits;
11.1.4. loss of anticipated savings; or
11.1.5. waste of management or office time, provided that this clause 11.1 will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded by clauses 11.1.1 to 11.1.5. For the avoidance of doubt, we shall not be liable for any liability, loss or expense which is attributable to any acts or omissions of any bus operator or any other operator of public transport (acting in their capacity as an operator, for that purpose).
11.2. For the avoidance of doubt, TfGM does not accept, and excludes any and all, liability in connection with the use of the Our Pass to access any Opportunity (including without limitation any losses that may be suffered by you or any damage that may be caused as a result of you accessing any Opportunity). In these circumstances, you should refer to the relevant party who provided the appropriate Opportunity and their relevant terms and conditions.
11.3. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control.
11.4. Nothing in these Terms affects your statutory rights or excludes or limits our liability for:
11.4.1. death or personal injury caused by our negligence;
11.4.2. fraud or fraudulent misrepresentation;
11.4.3. any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
All notices or communications given by you to us must be given to TfGM at Our Pass, PO Box 5466, Manchester M61 0LS, or by email using the following email address: firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when you apply for your Our Pass card. Notices will be deemed received and properly served immediately when posted on our Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
- Transfer of rights and obligations
14.1. Upon applying for an Our Pass smart card, these Terms are binding on you and us and on our respective successors and assignees.
14.2. You may not transfer, assign, charge or otherwise dispose of any of your rights or obligations arising under these Terms, without our prior written consent.
14.3. We may transfer, assign, charge, sub-contract or otherwise dispose of any of our rights or obligations arising under these Terms, at any time.
15.1. If we fail, at any time during the time that these Terms are in force, to insist upon strict performance of any of your obligations under any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
15.2. A waiver by us of any default will not constitute a waiver of any subsequent default.
15.3. No waiver by us of any of these Terms will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 12 above.
If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- Entire agreement
We intend to rely upon these Terms and any document expressly referred to in them in relation to their subject matter. Nothing in these Terms affects your statutory rights.
- Our right to vary these Terms
18.1. We have the right to revise and amend these Terms at our discretion from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
18.2. Revisions or amendments to these Terms will be notified to you by way of marketing materials, emails or such other methods as we shall determine.
18.3. A copy of the most up to date Terms will be available on our Website.
- Law and jurisdiction
These Terms, and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims), will be governed by English law. Any dispute or claim arising out of or in connection with these Terms (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.