1. Introduction – who has Hindsight?
1.1 Well, we’d all love to have hindsight… However, HINDSIGHT is a trading name of Global Travel Ventures Limited, a company registered in England (company registration number 07864821) with a registered office in the heart of Oxford at One St Aldate’s, Oxford Town Hall, Oxford, OX1 1DE. Don’t worry, when you’re using Hindsight, you’re always dealing with the same people every time – dedicated to helping you stop wasting money on your trains to work.
1.2 Whenever we say “us” or “our” we mean Global Travel Ventures Limited and whenever we say “you” then we’re referring to a “user” or “customer” of Hindsight (our iOS and Android mobile applications, which we’ll just call “our apps” or “Hindsight”).
1.3 Using our apps, you need to click ‘Start journey’ before the departure time of your chosen service (but not more than 20 minutes in advance) and you’ll receive a mobile ticket on your phone to use for that journey. You’ll be able to find most rail journeys in Great Britain (not journeys across London or on any routes which are not enabled for mobile tickets), using our easy-to-use journey planner showing real-time train times, platform info and personalised prices (we’ll call this “our Booking Service”).
1.5 We’re an official agent for the Train Operating Companies and are only responsible for our Booking Service – that means that when you start a journey on our apps, we make sure that you have the right mobile ticket on your device to catch that train. We don’t run these train services ourselves. Mobile tickets purchased by you using Hindsight are accepted by Train Operating Companies for the services indicated at time you clicked ‘Start journey’. Please note that staff and agents have no authority to make individual exceptions to these Terms and Conditions or the National Rail Conditions of Travel, which you can view and download from the National Rail website. The National Rail Conditions of Travel set out your rights and any restrictions to those rights with respect to your journey (for instance in relation to delayed departure). We’re not responsible for any loss or damage to you due to travel made using Hindsight. This includes but is not limited to, delays, cancellations or disruptions to journeys.
1.6 When using National Rail services, you’ll have to abide by the Railway Byelaws. You can a get free copy of these at most staffed National Rail stations, or view and download a copy from the Department for Transport website.
1.7 National Rail has put together a Code of Practice to help Train Operating Companies and third party sellers (like Hindsight) meet consumer law and industry standards regarding information for passengers about the sale and use of rail products and services. You may also find it useful in understanding how the industry operates, the choices available to you and the service you should expect.
1.8 The European Commission’s Online Dispute Resolution (ODR) platform allows consumers in the EU to resolve disputes relating to online purchases of goods and services – for example train tickets – without going to court.
2. Using Hindsight
2.1 To use Hindsight to travel, you’re required to open an account in our app. To take a journey we will require your payment details and you’re also agreeing that the card you pay with is yours as card holder, or that you have the right to use the payment card if it’s not owned by you.
2.2 We accept credit and debit cards from Visa and Mastercard. We’ll keep all financial data that we hold secure.
2.3 You’ll need a portrait photo (using the camera on your phone) to be able to use the app with any weekly season tickets. The directions on how to take an acceptable UK passport photo are a good guide. We reserve the right to reject any photo that you submit and in so doing will require you to take a photo acceptable to us in order for you to benefit from any weekly season tickets.
2.5 We can suspend, restrict or stop providing Hindsight to you in whole or in part in the following circumstances:
• If we believe your Hindsight account or booking is being used in a way we do not allow under these Terms and Conditions;
• If we believe you have paid or are trying to pay using a stolen or otherwise barred or false payment card or if there are unusual or fraudulent uses of any payment cards;
• Any other reason in our discretion.
2.6 Hindsight is only available for use by those aged 16 or over.
2.7 Children under 5 years old may travel free when accompanying a Hindsight customer with a valid mobile ticket.
2.8 Once you’re at the station from where you’ll be starting your journey and you’ve found the journey you’re looking for in our app (our apps use your location to show you the closest station and when you have arrived at your destination), when you click ‘Start journey’ we quickly check that your card issuer authorises the payment. When your journey ends, we’ll automatically charge your payment card without any further action being required on your part.
2.9 When you click ‘Start journey’ for your first journey each week you’re contractually committing to pay the full amount required for the appropriate fare(s) for the appropriate Rail Product(s) (this is the industry term for the whole of a combination of tickets – like a return – rather than the tickets for the individual legs) which you use with Hindsight during the course of that week. The Hindsight week is from Monday to Sunday.
2.10 If you repeat the same journeys multiple times in the week such that your next journey means that a weekly season ticket is better value for you, we’ll automatically provide a weekly season ticket if one is available (you can’t do this with paper tickets!). As we only ever take incremental payments, when you’re using the same route we’ll never take more than the price of an applicable weekly season ticket, as payment for Rail Products.
2.11 Our contract with you each Monday to Sunday week is concluded at 4.29am on the Monday following. At that time we’ll print, virtually, the full set of Rail Products you’ve bought and provide their details to you with their ticket numbers, by email in what we call our weekly savings report.
2.12 Prior to you clicking ‘Start journey’ we’ll also inform you about any additional conditions or restrictions that apply to the mobile ticket that you’re purchasing. Please ensure you’re aware of these as if you don’t have a valid mobile ticket for the service that you intend to use, and within the class of mobile ticket that you have purchased, you’ll have to pay the correct fare, and you may have to pay a penalty if you travel without the correct mobile ticket. For instance: on some routes, services are provided by multiple operators and some mobile tickets are only allowed on a specific operator’s services and not on the other. This is made clear to you before you click ‘Start journey’ but you must check that you’ve selected the service that you intend to travel on.
2.13 Prior to boarding the service, you must ensure you’ve received your valid mobile ticket for your entire journey, in our app. If you can’t produce a valid mobile ticket when requested, you may have to purchase an appropriate ticket and may be subject to a penalty fare. That also means you should make sure your phone has enough charge for the whole journey.
2.14 You may be required to show the mobile ticket on your device during the journey (so the barcode can be scanned).
2.15 Only one mobile ticket may be used at any one time. It’s your responsibility to ensure you have clicked ‘Start journey’ and have received the mobile ticket for your entire journey. Please note, if you click ‘Start journey’ for a further journey before your current journey has finished, you will be charged for both.
2.16 Where Hindsight provides details of fares these generally represent the cheapest published walk-up fares on the date and at the times selected, but please note in many cases there may be other valid fares available including ones which aren’t enabled for mobile tickets.
2.17 If you’ve added a Railcard to your account (you can only link one Railcard at any one time), all prices in our app will include your discount. Please note: Hindsight is for individuals, so a Railcard for more than one person, e.g. the Two Together Railcard, won’t be accepted. If asked, you’ll need to show your Railcard with your mobile ticket. Please don’t forget it as otherwise you might be issued a penalty by a ticket inspector.
2.18 Where there are ticket gates operating, most of the time you’ll be able to enter or leave the platform using the scanner on the ticket gate, but if a ticket gate doesn’t have a scanner, a member of staff can check your mobile ticket and let you through.
2.19 For more information on the ticket types, we recommend you read the terms and conditions for the operator you’ll be travelling with.
2.20 Hindsight can be used to store personal information so it’s your responsibility to ensure your mobile device is protected with a secure PIN, password or with biometric access control so that the information stored in Hindsight on your mobile device cannot be accessed by any other party. If your mobile device is stolen or you think your personal information has been compromised, you should contact us to temporarily disable the account.
2.21 You must protect your personal mobile device and prevent Hindsight from being used by an unauthorised person. You confirm that you’ll be financially responsible for any journeys which are made using Hindsight on your mobile device and may be liable for all reasonable losses which we suffer as a result of a breach of these Terms and Conditions.
2.22 We’ve endeavoured to ensure Hindsight works on all compatible handsets. If you have any problems accessing it, please contact our Customer Service team.
2.23 You’ll need to have a data connection to be able to search, start and abandon a journey in the Hindsight app on your mobile device. Once you’ve clicked ‘Start journey’ and received your mobile ticket, you can then view your mobile ticket in the app without a data connection.
2.24 Data charges might be applicable for the use of Hindsight on your mobile device depending on your individual phone tariff package, it’s your responsibility to check your tariff information and pay for any charges that are incurred.
2.25 It’s your responsibility to ensure you have sufficient connectivity when using Hindsight on your mobile device. We cannot be held accountable for any disruption during the booking process due to low connectivity on your mobile device.
2.26 If you have any queries about your data package or connectivity issues, please contact your network provider prior to using Hindsight on your mobile device.
2.27 Hindsight may not be available on some handsets and use may be restricted due to individual handset settings.
2.28 It’s your responsibility to ensure sure your mobile device is working, charged, and showing the correct date and time.
2.29 Hindsight should only be used by individuals for their own booking requirements.
2.30 You are solely responsible for activity that occurs on your account.
3. Changing phone or leaving us?
3.1 If you delete our app, any current journeys will be deleted and you may have to purchase another ticket if you’re in the middle of a journey.
3.2 If you want to deactivate your account (by going to Profile > Settings > Deactivate account), once we’ve checked that there’s no outstanding balance on your Hindsight account, we’ll send you an email to confirm it’s been deactivated.
3.3 Hindsight is designed to be used on one phone. You can switch handsets, but a current journey on your original phone won’t be available on the new one. (We’re not able to offer refunds in these circumstances.)
4. What happens with delayed or cancelled journeys?
4.1 If you’ve clicked ‘Start journey’ for the wrong service, you’ve changed your mind or you happen to unexpectedly bump into an old friend at the station, you can use Hindsight to abandon your current journey – just click the ‘Abandon journey’ button. In fact, even after you’ve clicked ‘Start Journey’ you can abandon your journey up to 10 minutes after the service has actually departed (allowing for any delays in departure) and you won’t be charged, as long as you have a data connection and are still at the start of your journey.
4.2 If the service you chose for your current journey is delayed or cancelled and you still decide to travel, rail staff will do their best to accommodate you on another train.
4.3 If the service you chose when you clicked ‘Start journey’ is delayed or cancelled and you decide not to travel, you can abandon your journey in the app. As long as you have a data connection and haven’t left the station, you won’t be charged.
4.4 If the service you chose when you clicked ‘Start journey’ is significantly disrupted after your journey has started, or is cancelled further down the line, you may be able to get compensation from the Train Operating Company’s Delay Repay scheme. What you might get will depend on the terms and conditions of the operators. Many Train Operating Companies offer compensation if your train was delayed for more than 30 minutes. You’ll find the details of your journeys and the Rail Products you have purchased on your weekly statement which will provide all the necessary information for you to submit your claim to the Train Operating Company direct.
4.5 You’ll need to contact the train company within 28 days of completing your journey in order to make a claim for compensation under Delay Repay. Go to their website and fill in an online compensation claim, or download a Delay Repay form and send it off.
4.6 Links to all the Train Operating Companies’ websites are on our website here.
5. Hindsight Liability Disclaimer
5.1 We take all reasonable measures to ensure that the times, fares and information that we provide are correct. However, despite our efforts, we cannot guarantee that all information is correct, as this information is provided to us by a third-party rail information provider. Where we become aware of an error which prevents you from using the ticket, or using our app, we’ll take reasonable measures to rectify it. If you have clicked ‘Start journey’ and received a mobile ticket from us which is subject to an error on the part of Hindsight, we will make a payment to you for up to the full value of the mobile ticket.
5.2 If you travel on a service other than the one for which you clicked ‘Start journey’, or you travel on a service that is not listed by us as a valid alternative service, and if your mobile ticket is not valid on that service, the Train Operating Company is entitled to charge you the difference between the price of the mobile ticket that you have and the cheapest valid fare for the service concerned.
5.3 If there’s a delay during the first part of your journey that causes you to miss a connection, train companies will allow you to take the next available service without penalty.
5.4. We use reasonable care and skill in carrying out our Booking Service and delivering it to you. However, we make no representations about the suitability of the information, products and services provided by us as part of Hindsight for any purpose and, except as set out in paragraph 5.1 above, we don’t accept liability for your reliance on any information supplied by us as part of Hindsight except to the extent that such information is provided negligently.
5.5 We don’t guarantee that our Booking Service or any mobile tickets will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of Hindsight or our Booking Service for business or operational reasons. We’ll try to give you reasonable notice of any suspension or withdrawal. You acknowledge that while we aim to offer you the cheapest tickets for your journeys, it may not always be possible to do this due to operational reasons. We can’t give refunds for journeys you have made, even if you discover you could have bought a cheaper ticket.
5.6 We’re not responsible for any losses incurred through any breach of these Terms and Conditions even if we are made aware of such possibility. We’ll not be liable for any losses linked to any business of yours, such as lost profits or business interruptions.
5.7 The total aggregate liability of Hindsight for any loss that you suffer arising out of your use of Hindsight is limited to the total value of the transaction under which your claim arises.
5.9 If you or we fail to enforce rights under this agreement, it’ll not prevent you or us taking further action.
5.10 Nothing in these Terms and Conditions shall prejudice your statutory rights as a consumer.
6. Other Terms
6.1 We may make changes to the Hindsight apps at any time and we can make changes to or introduce new terms to these Terms and Conditions at any time. If possible we’ll give reasonable notice of these changes. The changes will apply when we publish details of them in a way which we consider is reasonable, for example by displaying messages on our website and/or your account or in our apps. The Terms and Conditions will be available on the website at all times. By continuing to use Hindsight, you agree to these changes. If you’re not happy with any of these changes you should cease to use Hindsight.
6.2 The amounts quoted on Hindsight are in pounds sterling (£).
6.3 You agree to use Hindsight in a lawful way. You must not modify, copy, reproduce, publish, transfer or sell any information obtained from Hindsight. It’s an offence to travel using a mobile ticket that’s been copied or screen-grabbed. You must use the mobile ticket through our app for it to be legitimate and usable at automatic barriers or be viewed by ticket inspectors.
6.4 You agree that no joint venture, partnership, employment or agency relationship exists between you and us through your use of Hindsight.
6.5 These Terms and Conditions are governed by English law and shall be subject to the exclusive jurisdiction of the Courts of England and Wales.
7. How to contact us
7.1 Hindsight Customer Services are available Monday to Friday from 6am-10pm, weekends and Bank Holidays from 8am-6pm:
• Email: firstname.lastname@example.org
7.2 If you send an email from within the app, it’ll automatically include some technical details. Please don’t delete these as they can help us to solve your problem quicker.
7.3 For data protection reasons, we can only discuss a journey if you’re the person who booked it.