East Anglian Railway Museum Terms and Conditions
Terms and Conditions
These Terms and Conditions constitute a written agreement between the East Anglian Railway Museum (EARM) and its Customer (this being the person(s) who uses the products or services of EARM). EARM and its Customer(s) accept and agree to be legally bound by these Terms & Conditions., Full or part payment and acceptance of such by Customers to use the products or services of EARM signifies an understanding and acceptance of these Terms & Conditions.
Reservations
Advance reservations are recommended for major events to prevent disappointment. Such reservations can be made through the EARM website (http://www.earm.co.uk), or directly with the EARM's telephone booking line: +44 (0)1206 242524.
Payment (Or Balance Payment)
Full payment (or balance payment, if applicable) must be made prior to commencing your journey and may be done so by personal cheque,cash, Visa, MasterCard, Switch, Solo, Delta, JCB, Maestro and Electon are all acceptable forms of payment. A full receipt can be issued upon request.
If booking through an approved EARM representative, full payment will be taken in accordance with their own terms and conditions of ticket sales. Your reservation is duly guaranteed by the issuing of a payment receipt or train ticket(s).
Cancellation by the Customer
EARM regrets that all bookings are final and in the event of cancellation by the customer no refund will be made within 1 month of any booked event, a small administration charge not exceeding £5, may be made by EARM to cover our costs.
Cancellation by East Anglian Railway Museum
Where EARM cancels, for whatever reason, and an alternative cannot be offered or taken, there shall be no penalty or administration charge and a refund in full (if applicable, and requested by the customer within 10 working days of such cancellation) the refund shall be made within ten (10) working days of such a cancellation being advised and confirmed. No compensation, consequential losses or other such claims shall be accepted in the event of such cancellation.
Booking Amendments
EARM will do all it can to change reservations where availability exists.
Prices Quoted
Prices quoted shall be current at the time of booking, acceptance and acknowledgement. The price agreed shall not be subject to any change unless forced due to circumstances beyond our control. Such circumstances shall include fuel surcharges or price increases exceeding 10% imposed after the booking, civil riot, region or National emergency, etc. Where such a price amendment is necessary, you will be notified in writing no less than twenty-eight (28) days prior to your booking. Should a price amendment be unacceptable, the booking may be cancelled in accordance with our Cancellation Policy above but without penalty or administration charge if confirmed as cancelled ten (10) days or more prior to the departure date.
Price Inclusions and Exclusions
Your EARM admission shall include everything as indicated on the ticket (if applicable), transportation vehicle, competent driver & staff, statutory insurance, all taxes and anything specifically mentioned as “included”. The price shall exclude personal insurance, snacks, lunch, beverages, optional activities, parking, gratuities and any other items not specifically mentioned as being included.
Railway Safety
As in any product and service of this type, you are entirely responsible at all times for your own safety and for that of others, especially whilst off vehicles. Going on any unmarked pathways, through closed gates, barriers, crossing tracks or otherwise is done so entirely at your own risk and no responsibility can, or shall, be taken by EARM in such an instance. If in doubt, please ask.
Children
Children under the age of sixteen (16) shall not be permitted to use EARM unless booked with, and accompanied by, an adult at all times. Full responsibility for children remains with the accompanying adult, including general behavioural control so as not to disturb others.
Special Needs
EARM offers a selection of options for disabled or special needs passengers. Please discuss matters of this nature with us prior to booking and we will advise and make every effort to accommodate special needs accordingly. We reserve the right to require persons who are unable to travel independently to be accompanied by a companion who is able to provide any necessary assistance and take full responsibility accordingly.
Dogs
Dogs will be accepted free of charge however all owners must adhere to the issued guidelines. Dogs are not allowed in catering vehicles with the exception of guide and hearing dogs accompanying their visually or hearing impaired person.
Full responsibility for such an animal remains with the accompanying person, including feeding, hygiene and general control so as not to disturb others.
Other Animals / Pets
Other animals or pets shall not be permitted anywhere on the EARM except where prior agreement has been sought and given.
Insurance
EARM operates within UK laws that include compulsory and statutory insurance against accident and third-party liability.
Weather and Railway Conditions
EARM will not accept responsibility for last-minute alterations or cancellations due to weather, railway or other related circumstances that are beyond our control. In the event of such an occurrence, you will be offered an alternative event date or cancellation in accordance with the Cancellation By EARM clause above.
Breakdown or Immobilisation
EARM will not accept responsibility for last-minute cancellations, delays or other related circumstances due to vehicle breakdown or immobilisation. In the event of such an occurrence, no compensation, consequential losses or other such claims shall be accepted.
Liability
In so far as our duties extend in providing a professional, safe and fit-for-purpose product, EARM, its staff and its agents shall not be liable for any injury, loss, expense, damage, accident, delay, irregularity, stranded individual, personal negligence, weather, quarantines, sickness, disease, an act of God, Government restriction, legal regulation or otherwise which are adjudged to be out of EARM's control, or for any individual or company furnishing sub-contract services, transportation, attractions, accommodation or any other product or service in connection with a visit to the EARM.
In all cases, the maximum liability payable by EARM shall not exceed the total fee collected for the provision of the goods and/or services provided by the railway.
Warranty
EARM provides its service strictly on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, the implied warranty of fitness for a particular purpose. Your UK statutory rights are unaffected by our Warranty terms.
EARM is not responsible for, provides no representations, warranties or guarantees with respect to, and will not be held liable in any way for any content, information, services or material on any third party supplier, including, without limitation, any third party recommended, named or utilised by EARM during a visit.
It is clearly stated, understood and agreed that, to the fullest extent to which warranty may be excluded or avoided, the maximum warranty payable by EARM shall not exceed the fee collected for the provision of the goods and/or services provided by the Museum.
Reserved Rights
The right is reserved to make operational changes at any time, whether to the route, itinerary or otherwise, with or without notice, which is considered necessary prior to departure.
The right is reserved to cancel any booking at any time, should conditions or circumstances necessitate, offering substitutes of equal value or a full refund without administration charge or penalty as detailed under our Cancellation by EARM clause above. If circumstances warrant such action a full and documented reason shall be provided.
The right is reserved to require persons who are unable to travel independently to be accompanied by an adult companion who is able to provide all necessary assistance and take full responsibility accordingly.
The right is reserved to decline to accept or retain, any person as a member of the passengers at the discretion of a EARM member of staff. If circumstances warrant such action a full and documented reason shall be provided and an equitable cash amount without penalty or administration charge shall be refunded in accordance with our Cancellation by EARM clause above. In such an instance, it shall be the passenger's sole responsibility to travel further (or return to the tour starting point). No compensation, consequential losses, additional travelling costs or other such claims shall be accepted in such an unfortunate event.
Reasons for such action shall include, but not be limited to:
- Violent, racist, verbal abuse or other such unacceptable behaviour.
- Failure to comply with the laws of the United Kingdom.
- Drunk and disorderly behaviour.
- Misuse of un-prescribed drugs.
- Refusal or failure to comply with health & safety issues.
- Refusal or failure to provide suitable evidence of entitlement to partake in a visit.
- Refusal or failure to pay the correct fee for taking a visit.
- Any other behaviour deemed disruptive, dangerous or insulting to other passengers.
The right is reserved to re-allocate an unsecured booking at any time.
The right is reserved to make alterations or changes to these Terms & Conditions at any time, ensuring that customers with existing bookings receive the latest copy prior to taking their booking. Should the revised Terms & Conditions be unacceptable to a pre-booked customer, the booking may be cancelled without penalty or administration charge as detailed under our Cancellation by EARM clause.
Force Majeure
Except where otherwise expressly stated in these conditions, we cannot, and will not accept liability or pay compensation where the performance or prompt performance of our contractual obligations is prevented or affected by, or you otherwise suffer any damage or loss, as a result of “force majeure”. For the elimination of doubt, in these conditions, “force majeure” means any event which we, or our sub-contractors, could not, even with all due care, foresee or avoid. Such events include, but are not limited to, war, the threat of war, riot, civil strife, terrorism, industrial disputes, natural disaster, adverse weather, fire, etc.
Complaints & Disputes
Any disputes or complaints must be brought to the attention of EARM in writing no longer than twenty-one (21) days from the origin of such. EARM shall then be granted an additional sixty (60) days to investigate and resolve such a dispute or complaint without involving third parties or outside solicitors, litigation or counsel.
In the event of a complaint or dispute not being satisfactorily resolved, both parties (the Customer and EARM) irrevocably agrees that the dispute will be settled and determined by final and binding arbitration pursuant to the United Kingdom and that such arbitration will be conducted in accordance with the Rules and Procedures in current effect under English law.