Touch Card Terms and Conditions
First Aberdeen (or the "Company") use smartcards. The "touch" is a smartcard which works by storing your bus ticket on the card, replacing the paper tickets that you previously would have bought and used. Details of our smartcards can be found at firstgroup.com/Aberdeen.
Use of the touchsmartcard ("the Smartcard") is subject to these Terms and Conditions together with the conditions of carriage of First Aberdeen Limited available at firstgroup.com/Aberdeen.
You should print a copy of these terms and conditions for your records.
- The Smartcard is free of charge and may be ordered from our travel shops at Aberdeen Travel Shop, Union Street, Aberdeen, AB24 5RP. Smartcards will only be given out at the travel shops when customers wish to purchase a ticket. Initially, cards are not pre-loaded with any tickets, which must be added by the customer.
- When you are issued with the Smartcard, you are able to buy tickets for First Aberdeen services for use on First Aberdeen services only. Each time you use the Smartcard, the ticket will expire after the numbers of days you have bought have ended. You cannot use the Smartcard unless it has a valid ticket, and you are responsible for keeping it loaded. You cannot use the Smartcard to travel unless it has a valid ticket stored on it.
- Depending on the product purchased, unused travel will expire at the end of the number of days you have purchased. Any unused stored tickets will expire if unused after 6 months.
- The Smartcard does not hold money, and is not a stored value card.
- Drivers and officials of First Aberdeen may inspect the Smartcard at any time and they must be shown on request.
- All Smartcards remain the property of the UK bus division of FirstGroup plc. We reserve the right to withdraw individual Smartcards, and the touch services and products generally, at any time.
- The registered holder of a Smartcard agrees to keep us informed by editing his/her contact details through our website at firstgroup.com/Aberdeen. This will enable contact to be made to issue a replacement for a lost Smartcard or return a found Smartcard (if not cancelled).
- Smartcards are not transferable.
- A registration form must be completed before a card is issued. First Aberdeen may refuse to issue a Smartcard at its discretion.
- If there has been no use of a Smartcard for one year then the Smartcard will automatically be cancelled. You may apply for a new Smartcard at a cost of £5.
- Damaged or lost Smartcards can be replaced. A minimum fee of £5 will be charged for each replacement Smartcard.
- If we believe your Smartcard has been tampered with in any way we may withdraw it without refunding the remaining value. A driver or other official of First Aberdeen is entitled to retain any Smartcard which they believe has been tampered with, is being misused or which has become electronically unreadable. Where a card has become corrupt, we will replace it.
- To ensure Smartcard functionality, the user must take care that the card is not:
- Abraded, cut, folded or crushed;
- Placed near strong electric or magnetic fields;
- Exposed to liquids for extended periods;
- Exposed to extremes of temperatures; and
- Users are advised not to keep their card in a plastic wallet if they keep in a trouser pocket regularly, as this will remove the surface typeface over time.
- On boarding a bus, the Smartcard must be placed on or near the card reader so that the reader indicates it has been properly read by making an audible "bleep" and showing a green light. Only when you have received a positive confirmation of reading are you treated as having made valid payment for that journey.
- The use of a Smartcard for which you do not meet the required criteria (Child, Student or Young Person) will be treated as fraud and will result in the immediate confiscation of the Smartcard. We also reserve the right to inform the police of any suspected fraud. Smartcards confiscated for misuse will not be returned.
Lost or stolen cards
- The loss, theft or failure of a Smartcard must be notified to First Aberdeen as soon as possible.
- We cannot prevent the unauthorised use of a lost or stolen Smartcard.
- The Company will not be liable for any travel costs incurred between the reporting of a lost or stolen card and the receipt of your replacement Smartcard.
- Once cancelled, a Smartcard cannot be "re-activated".
- A replacement Smartcard will be issued at a minimum charge of £5.
- Any unused tickets from your lost or stolen smartcard cannot be transferred.
- Smartcards that are issued anonymously, i.e. those which are issued without personal details being supplied by the individual purchasing the Smartcard, are non-replaceable.
Corrupt and damaged card policy
- Where a Smartcard is faulty and the fault is not because of your failure to take care of it, we will replace it free of charge and will endeavour to replace any unused credits.
- Where a card malfunctions because we reasonably believe it has been misused or it has incurred physical damage in your possession, we reserve the right to charge a minimum of £5 for its replacement. We will endeavour to replace any unused credits.
- Irrespective of the policy above, we reserve the right to withdraw the card at any time.
- Refunds are only granted in exceptional circumstances and are entirely at the discretion of the Company. Refunds must be applied for in writing. If granted, a refund will always be calculated on a non pro-rata basis which fairly accounts for the travel you have used. A £25 administration charge will be made for all refunds. "Refunds" are not to be confused with the transfer of outstanding credits from a lost, stolen, or damaged Smartcard.
- Requests for refunds will be dealt with within 28 days, though the timeframe for receiving the refund may be longer.
- We will not pass your details on to any third party outside of the First Aberdeen group of companies except as required by law, regulation or the rules of a reputable stock exchange.
- First Aberdeen will only use information that you have supplied for administration (including development and maintenance of our systems), customer services and research, and detection and prevention of crime. Unless you have ticked the relevant box on the application form, you agree that we may also contact you to keep you updated with information about First Aberdeen services such as timetable changes and fare changes and also to inform you of special offers and other related products and services.
- Should you require access to any of your personal data, or that of a minor in your care, you must make this request in writing to Data Protection, First Aberdeen Limited, 395 King Street, Aberdeen, AB24 5RP. Security checks will be performed before the release of data. Alternatively, your information can be accessed via our online facility at firstgroup.com/Aberdeen.
You acknowledge that all copyright, trade marks and all other intellectual property rights in the Smartcard shall remain vested in the Company or its licensor.
You agree that, except for death and personal injury arising from the negligence of the Company, the Company shall not be liable in contract, tort, negligence, statutory duty or otherwise for any loss or damage whatsoever arising from or in connection with these terms and conditions, including damage for loss of business, loss of profits, business interruption, loss of business information or any other pecuniary loss (even where the Company has been advised of the possibility of such loss or damage).
Suspension and termination
The Company shall have the right to immediately terminate these terms and conditions and/or suspend the use of the Smartcard if you commit a breach of these terms and conditions.
Changes to the terms and conditions
The Company reserves the right to change these terms and conditions from time to time. Your continued use of the Smartcard following notice of such change shall be deemed to be your acceptance of any such change. It is your responsibility to check the terms and conditions regularly to determine whether these terms and conditions have been changed. If you do not agree to any change to the terms and conditions then you must immediately stop using the Smartcard.
Each provision of these terms and conditions shall be construed separately, applying and surviving even if for any reason one or other of those provisions is held inapplicable or unenforceable in any circumstances and shall remain in force notwithstanding the termination of these terms and conditions howsoever occasioned.
No waiver by the Company shall be construed as a waiver of any breach of any provision of these terms and conditions.
Choice of law
These terms and conditions shall be governed by Scottish law and the parties hereby irrecoverably submit to the exclusive jurisdiction of the Scottish Courts.