Registration

Step one of the registration process requires you to enter an email address and password - you will use these to log into your account.

If you have registered with JourneyCheck with another train operator you need to register again.

Email Address

You will need to supply a valid email address as it needs to be verified. Also, email alerts are sent to this email address.

Mobile Number

If you want to receive text alerts you will need to enter a mobile number.

Apple iPhone

Unfortunately, the Apple iPhone is currently unable to display text alerts sent from a named gateway (e.g. FSR-Alerts). Hopefully there will be a new operating system for the phone soon. Until then, please subscribe for email alerts if an email service is available on your phone.

This service offers the ability to register for the automatic provision of train service disruption information via SMS and email. The information supplied comes directly from staff in the First/Keolis TransPennine Limited Operational Control Centre in Manchester. This service is subject to the following Terms and Conditions.

Provision of the First/Keolis TransPennine Limited Journeycheck Alerts service is subject to the following terms and conditions as well as to the terms, conditions and notices set out in our Privacy Policy and our Website Terms of Use (together the "Terms and Conditions") and all applicable laws and regulations. Please read these carefully before proceeding to sign up for the Service (as defined below). You will be legally bound by them whether or not you choose to read them. By registering for use of the Service you will be taken to have read, understood and accepted to be bound by, without limitation or qualification, these Terms and Conditions and to acknowledge that any other agreements between you and TransPennine Express are superseded with respect to this subject matter. These Terms and Conditions will apply in the same way as if you had signed a printed version and they will continue to apply for so long as you are registered for the Service.

These Terms and Conditions cover the supply of information services by: (1) First/Keolis TransPennine Limited of [Third Floor, Macmillan House, Paddington Station, London W2 1FG (Company No. 04113923)("TransPennine Express") to (2) you the customer (the "Customer").

1. Definitions

   1.1

   In these Terms and Conditions the following terms shall have the following meanings:

   "Email address" means a valid email address capable of receiving email information services;

   "Mobile Network" means any UK mobile phone network capable of delivering SMS messages;

   "Mobile Phone" means a mobile phone capable of sending and receiving SMS information services and which is connected to a Mobile Network;

   "Registration" means the process carried out via the Website whereby the Customer provides certain personal information and preferences and registers a particular Mobile Phone number or Email Address in order to receive the Service;

   "the Service" means the automatic provision of train disruption information via SMS to the Customer's Mobile Phone or via email to the Customer's Email Address which will be provided to the Customer by TransPennine Express following Registration;

   "SMS" means a 'short message service' using a Global System for Mobile (GSM) communications system;

   "SMS Fee" means, in relation to each SMS sent to a Customer within the UK for so long as that Customer is subscribed to the Service, a fee of 25p; and

   "Website" means www.tpexpress.co.uk or such other website nominated by TransPennine Express from time-to-time for the purpose of Registration and ongoing management of the Customer's account.

   1.2

   Unless otherwise specified, words importing the singular include the plural, words importing any gender include every gender and words importing persons include bodies corporate and unincorporated; and (in each case) vice versa.

2. Customer Responsibilites

   2.1

   The Customer shall, depending on whether the Customer chooses to receive the Service by SMS or email, be responsible for providing and maintaining either:

   1. a Mobile Phone and for ensuring its connection to a Mobile Network; or
   2. an Email Address and for ensuring its connection via an Internet Service Provider (ISP)

   in each case suitable for receiving the Service from TransPennine Express.

   2.2

   The Customer shall be responsible for the payment of

   1. all standard service fees charged by a Mobile Network provider or ISP (as appropriate) in connection with maintaining and utilising the transmission methods detailed at Clause 2.1 above; and
   2. the Service Costs detailed below at Clause 4.

3. Service Provisions

   3.1

   The service has been developed by Nexus Alpha Limited in association with TransPennine Express and is being provided to the Customer by TransPennine Express. TransPennine Express does not accept any liability for any elements of the Service provided by Nexus Alpha Limited.

   3.2

   The Customer may choose to receive the Service:

   1. Via their Mobile Phone using SMS; and/or
   2. Via email to their Email Address (each being a "Service Method")
   3.3

   In order to receive the Service the Customer must go through the process of Registration.

   3.4

   Once the Customer has undergone Registration the Customer will continue to receive the Service (and to incur any relevant Service Costs as detailed at Clause 4) until the Customer unsubscribes from the Service in accordance with Clause 6 or until the Service is otherwise terminated in accordance with these Terms and Conditions.

   3.5

   The Customer acknowledges that its use of the Service shall be subject to the following limitations:

   1. The Service is provided for the personal use of the Customer and may not be used for any other purpose, in particular any commercial purpose.
   2. A particular Mobile Phone number or Email Address may only be used for a single Registration.
   3. The Customer may select a maximum of four different 'journeys' for which to receive the Service. For the avoidance of doubt a 'journey' means a journey on a single train and does not include multiple parts of a journey where changes are required. In particular an outward and return journey on the same train count as two separate journeys.
   4. Where the Service is provided by SMS to a Mobile Phone, station names may be abbreviated using three letter codes. More information on these codes can be found at www.nationalrail.co.uk
   5. The Service uses a defined set of rules to determine what message to send when there are a number of different incidents likely to affect the Customer's journey and as such not every relevant delay may be sent to the Customer as part of the Service. In particular:
      1. Priority is given to cancellations over train delays.
      2. Cancellations to later trains will take priority for alert over earlier delayed services.
      3. Where more general problems are reported on a particular route, the message will state that cancellations or delays “may” occur as appropriate.
   6. The nature of train service disruption means that it can take time for network and service problems to be reported back to the Operational Control Centre, who then enter the information into the Journeycheck Alerts system. In addition incidents can take longer to resolve than initially expected, delays can become more or less severe and cancelled services may be reinstated or vice versa. The Customer therefore acknowledges that the information provided as part of the Service provides only an 'as is' snapshot of the state of the rail network, in the context of the journey which the Customer has defined and at the time that the Customer has elected to receive alerts.
   3.6

   Any request by the Customer for any change and/or variance in the Service shall be done using such prescribed methods as may be introduced from time to time.

4. Service Costs

   4.1

   Notwithstanding Clause 2.2(a) where a Customer opts to receive the Service by email, such Service will be provided free of charge.

   4.2

   Where a Customer opts to receive the Service by SMS to their Mobile Phone the Customer shall be charged the SMS Fee. In some cases the Customer may also be charged additional fees by its Mobile Network including but not limited to roaming fees or local charges, where the Customer is using its mobile phone overseas.

   4.3

   TransPennine Express may at any time vary the SMS Fee provided that it gives 15 days notice to the Customer of any such variation.

   4.4

   The SMS Fee will be charged to the Customer via the Customer's Mobile Network (either via the Customer's monthly bill or by way of deduction from the Customer's pre-paid account).

5. Warranties, Indemnities and Liability

   5.1

   The Customer warrants that they are the owner or legitimate user of the Mobile Phone and/or Email Address which is stipulated at Registration, and that they are authorised to incur charges on that Mobile Phone or in connection with operating the Email Address used to receive the Service (as appropriate).

   5.2

   The Customer further warrants that they (or anybody else with the Customer's express or implied consent) will not:

   1. use the Service in breach of TransPennine Express's or any third party's intellectual rights;
   2. circumvent user authentication or the security of any host, network or account nor interfere with the Service to any other user, host or network;
   3. copy, disclose, modify, reformat, display, distribute, licence, transmit, sell, perform, publish, transfer or otherwise make available the Service or any information learned whilst using the Service or accessing the Website;
   4. remove, change or obscure in any way anything on the Website and/or contained in the Service or otherwise use any material obtained whilst using the Website and/or the Service except as set out in these Terms and Conditions;
   5. reverse engineer or decompile (whether in whole or in part) any software used in the Website and/or the provision of Service (except to the extent expressly permitted by applicable law);
   6. copy or use any material from the Website and/or the Service for any commercial purpose;
   7. remove, obscure or change any copyright, trade mark or other intellectual property right notices contained in the original material or from any material copied or printed off from the Website or obtained as a result of the Service; or
   8. use the Service for any other unlawful or objectionable conduct.
   5.3

   The Customer shall indemnify (and keep indemnified) TransPennine Express (including its affiliates, officers, agents and employees) against any claim by any third party alleging loss and/or damage as a result of the Customer's misuse, or inability to use the Service or for any breach by the Customer of Clause 5, 7 or 8.

   5.4

   Except as expressly provided in this agreement by TransPennine Express all representations, warranties and conditions whether expressed or implied by statute or common law or otherwise in relation to the Service are excluded to the fullest extent permitted by law. In particular TransPennine Express makes no warranties, express or implied, as to the results to be obtained by the Customer from the use of the Service or in respect of the fitness for a particular purpose or use of the Service.

   5.5

   Neither TransPennine Express nor Nexus Alpha Limited shall have any liability to or through the Customer for lost profits, special, indirect or consequential loss or damage whether such arises in an action for breach of contract, negligence or other tortious action, arising out of or in connection with the performance of or use of the Service or availability of the Website and in particular, TransPennine Express and Nexus Alpha Limited specifically exclude all liability whatsoever in respect of any loss arising as a result of:

   1. reliance on the Service resulting from delays, service interruptions, incorrect or inaccurate messages;
   2. defects that may exist in the Service or the Website; and
   3. any loss of profits, special, indirect or consequential losses arising from Customer's use of or inability to use or access or a failure, suspension or withdrawal of all or part of the Service or the Website at any time.
   5.6

   Nothing herein shall have the effect of excluding or restricting the liability of TransPennine Express for death or personal injury resulting from its negligence.

   5.7

   In no event shall TransPennine Express's liability exceed the price paid by the Customer for the Service.

6. Suspension and Termination

   6.1

   TransPennine Express reserves the right to immediately, and without notice, suspend or terminate the provision of the Service if it believes there has been a breach by the Customer of these Terms and Conditions or if necessary to enable it or any third party to carry out repair or maintenance work to either the Service or the Website.

   6.2

   TransPennine Express shall, for whatever reason, be entitled to discontinue the Service on 15 days notice to the Customer.

   6.3

   This agreement shall be terminated automatically if TransPennine Express receive notification from the Mobile Network with whom the Customer is contracted to use the Mobile Phone that the contract has been cancelled (if appropriate).

   6.4

   The Customer may unsubscribe from the Service at any time by visiting the registration page on the Website and deregistering.

   6.5

   The termination of the Service shall not affect any pre-existing liability of either party to the other hereunder or affect any right of either party to recover damages or pursue any other remedy in respect of any breach by the other party of the Terms and Conditions thereof.

   6.6

   If the Customer wants to suspend the Service it may do so at any time by visiting the registration page on the Website and deregistering and then returning to the registration page and re-registering when it wants the Service to resume.

7. Intellectual Property Rights

   7.1

   Except as otherwise specified, all intellectual property (including but not limited to copyright, trade marks and database rights), subsisting in the Service and/or the Website belongs to TransPennine Express or its licensors and the Customer shall not make any use of any such property except as expressly permitted by these Terms and Conditions.

   7.2

   The Customer acknowledges that any information which is provided to TransPennine Express in connection with the Service, in particular as a result of Registration may be deleted, and any relevant account closed, if the Service is not used for a period of one year.

8. Data Protection

   8.1

   TransPennine Express will use your personal information to contact you in relation to the Service. Further, where you have provided your consent, TransPennine Express might also use your information to contact you by post, telephone, SMS or by e-mail to let you know about other products and services: which TransPennine Express offers and which may be of interest to you; which are offered by other group companies; or which are offered jointly with or on behalf of other carefully selected third party organisations. By providing your consent and registering to the Service you consent to us using your personal information for the purposes described above.

   8.2

   Any personal data collected in connection with the provision of the Services shall be used solely in within the bounds of current UK data protection legislation and in accordance with TransPennine Express' Privacy Policy

   8.3

   Other than as set out herein TransPennine Express will not pass your personal data to any third party without your prior consent.

9. General

   9.1

   For the purpose of section 1(2) of the Contract (Rights of Third Parties) Act 1999 ("the 1999 Act") the parties state that they do not intend any term of this Agreement to be enforced by any third parties except that rights under clause 5.5 may be enforced by Nexus Alpha Limited (or by TransPennine Express on behalf of Nexus Alpha Limited) in accordance with the 1999 Act and the parties agree that they may amend, vary or modify any or all of the terms of this Agreement or suspend, cancel or terminate this Agreement without the consent of Nexus Alpha Limited.

   9.2

   The failure or delay by TransPennine Express in any one or more instances to insist upon strict performance or observance of any one or more of the terms of this Agreement or to exercise any remedy, privilege or right under this Agreement shall not be construed as a waiver of any breach or right to enforcement of such terms or to exercise such remedy, privilege or right.

   9.3

   The invalidity or unenforceability of any term of, or any right arising pursuant to these Terms and Conditions shall not affect the validity or enforceability of the remaining terms or rights.

   9.4

   TransPennine Express shall not be liable in respect of any breach of these Terms and Conditions resulting from any act beyond its reasonable control. Such acts include but are not limited to fire, flood, lightening, act of God, war, acts of terrorism, failure of any telecommunications or other utility service, riots, other civil commotion or strikes.

   9.5

   Any queries relating to this service should be directed by email to tpecustomer.relations@firstgroup.com or in writing to Customer Relations, First TransPennine Express, ADMAIL 3878 FREEPOST, Manchester M1 9YB.

   9.6

   The Customer shall not assign, re-sell, sub-lease or in any other way transfer its obligations under the Terms and Conditions or part thereof. TransPennine Express may assign these Terms and Conditions in whole or in part to any third party at its sole discretion.

   9.7

   TransPennine Express reserves the right to vary the Terms and Conditions of this agreement. Any changes will be posted on this website.

   9.8

   This agreement shall be governed by English law and the parties hereby submit to the exclusive jurisdiction of the English courts.

Copyright © 2005 First/Keolis TransPennine Limited. All rights reserved.