Subscription Tickets Terms & Conditions
1 Subscription tickets terms and conditions (including First Unlimited and Commuter Travel Club)
1.1 What these terms cover. These are the terms and conditions on which we supply a subscription ticket for travel services to you and should be read in conjunction with the Journey Planner & mTicket terms and conditions together with our Conditions of Carriage. Under 'Conditions of Travel' please select the area you are travelling within for the relevant Conditions of Travel.
1.2 Why you should read them. Please read these terms carefully. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
1.3 Adhering to the terms. As a customer, in receipt of a subscription ticket for travel services, you must adhere to these terms and we will do the same.
1.4 Changes to the terms. From time to time these terms may change. We will endeavour to inform you of any changes on a regular basis.
2 Information about us and how to contact us
2.1 Who we are. We are FirstBus. FirstBus is a trading name of FirstBus (North) Limited (company number 03261484) and FirstBus (South) Limited (company number 03261587) (together, we, us, our) both registered in England and Wales whose registered offices are at 8th Floor The Point, 37 North Wharf Road, London, United Kingdom W2 1AF.
2.2 Ticketing Team. Our ticketing team can be contacted on 0345 340 9023 (available Monday to Friday 9am to 5pm) or First.email@example.com.
3 Providing the subscription
3.1 Through our website we sell both mTicket subscription tickets and paper subscription tickets. Purchasing a mTicket subscription ticket or paper subscription ticket entitles you to unlimited travel on First Buses within a specified zone/area. This is provided to you by your chosen delivery mode as individual tickets valid for one calendar month. Subject to clause 3.8:
mTickets subscription tickets are delivered to your mTicket account one (1) day prior to your renewal date and automatically activated on your renewal date. mTicket subscription tickets can only be purchased on our eTickets website and will only be valid when accessed via our mTickets app. See our mTickets FAQs for more details on how our mTickets app works. The mTickets app can be downloaded to your phone from the Apple App Store and Google Play.
Paper subscription tickets are delivered to your nominated delivery address prior to your ticket start date. Paper subscription tickets can only be purchased on our eTickets website.
3.2 Tickets remain the property of [FirstBus] and must be shown to a [FirstBus] driver, inspector or other official on demand. If you are travelling on our services and fail to produce a valid ticket on demand, you will be liable to pay the fare for travel.
Dispatch of paper tickets
3.3 When you first order a paper subscription ticket from us, we will endeavour to get the ticket to you by the start date you have selected in the ticket selection. It is for this reason we ask that the first paper subscription ticket starts at least five (5) working days from the date of your first order.
3.4 It is your responsibility to ensure that the delivery address you specify is secure and one that is suitable for Royal Mail deliveries. Please note that we are only able to send paper subscription tickets to UK delivery addresses.
3.5 We will do our best to dispatch paper subscription tickets within 2 working days of receipt of your initial order and of each monthly Direct Debit payment, using the Royal Mail 1st class delivery service. We expect most items to arrive within 3 working days of dispatch. FirstBus cannot be held responsible once the paper subscription ticket has been posted. If your ticket does not arrive within three (3) working days of dispatch, please contact our Ticketing Team (see Clause 2.2).
3.6 Dispatch of tickets will be delayed if your initial Direct Debit is unsuccessful. Please see Clause 3.13 for more detail. Direct debit
3.7 By signing up to a subscription ticket you are agreeing to a Direct Debit payment being taken as outlined below:
For mTicket subscription ticket: two (2) working days before your ticket renewal date each calendar month (following successful first payment for the first ticket by credit/debit card, at the time of ordering).
For paper subscription ticket: ten (10) working days before your ticket renewal date each calendar month (following successful first payment for the first ticket by credit/debit card, at the time of ordering).
3.8 Initial payment for a subscription ticket takes place by card or PayPal at the time of ordering. This allows us enough time to process your application, but does not guarantee acceptance to the subscription scheme should the set-up of your Direct Debit instructions subsequently fail.
3.9 Your subscription will be valid until you end the contract as described in clause 4 or we end the contract by written notice to you as described in clause 6.
3.10 Provided your monthly Direct Debit payment is successfully collected on the agreed date, a new ticket will be activated in your mTicket wallet or posted to your nominated address, each calendar month.
3.11 If your subscription ticket is not available on your ticket renewal date, you must inform our Ticketing Team as per Clause 2.2.
3.12 You are required to ensure the holder of the nominated bank account has authorised the Direct Debit payments and that each monthly payment can be taken from the nominated bank account as outlined in clause 3.6.
3.13 We will cancel your subscription ticket contract if you do not make your monthly payment.
mTicket subscription ticket - If your Direct Debit payment is unsuccessful, you will receive a payment failure email one (1) working day before your subscription renewal date. We will make one further attempt to collect payment two (2) working days from the day you receive the payment failure email. If the second attempt is unsuccessful your subscription ticket contract will be cancelled.
Paper subscription tickets - If your Direct Debit payment is unsuccessful, you will receive a payment failure email six (6) working days before your subscription renewal date. We will make one further attempt to collect payment two (2) working days from the day you receive the payment failure email. If the second attempt is unsuccessful your subscription ticket contract will be cancelled .
3.14 You are required to give at least one month's notice of any amendments to bank or building society details, change of name, address or any change to ticket subscriptions. This can be done by contacting our Ticketing Team as per clause 2.2. We will give at least ten (10) days’ written notice of any price changes, except when tax changes require an immediate price change.
3.15 Lost or stolen tickets. Unfortunately, we are unable to cancel paper subscription tickets. For this reason, paper subscription tickets which are lost or stolen are non-refundable. If your mobile device is lost, stolen or damaged, you can transfer the usage of your mTickets account to another mobile device. No replacement paper ticket alternative will be provided.
3.16 Refunds. Whilst we anticipate that services will run on all scheduled days in a year, very occasionally poor weather conditions or other circumstances outside our control may mean that it is not safe for us to operate some or all of our services in your region. In these exceptional circumstances, FirstBus will not be liable to you for any refund on a pro-rata basis (or otherwise) for any journeys where you could not use your ticket due to these circumstances.
4 Your rights to end the subscription
4.1 You have a right to change your mind (as provided for by the Consumer Contracts Regulations 2013) within 14 days of initially purchasing your subscription ticket. However, if you cancel after we have started providing the travel services you must pay us for the services provided up until the time you tell us that you have changed your mind. Refunds will be made in accordance with our refunds policy.
4.2 You can end your subscription contract, providing you give us at least ten (10) working days’ notice before your ticket renewal date.
4.3 Individual tickets issued as part of your subscription have a validity of one calendar month; we will not refund whole or partial amounts due to subscription cancellations.
4.4 If you end your subscription ticket contract, you may re-join one month after your last Direct Debit payment, providing your account has no outstanding balance and has been conducted in accordance with all clauses outlined in these Subscription Tickets Terms and Conditions.
5 How to end your subscription
5.1 If you wish to cancel a subscription ticket contract please let us know by contacting our Ticketing Team, as per clause 2.2. Please provide your name, customer reference number, phone number and email address. You must give us at least ten (10) working days’ notice of your intention to cease Direct Debit payments or you may be charged for the issuing of the subsequent month’s ticket.
6 Our rights to end the subscription
6.1 We may refuse your application or end your subscription if you break its terms. We may do this at any time, by writing to you, if:
(a) we consider your behaviour towards staff employed by First Group Plc or its subsidiaries or affiliates to be unacceptable or abusive;
(b) the subscription or ticket is misused in any way; or
(c) if Direct Debit payments are not promptly and regularly paid via the nominated bank or building society account.
6.2 We reserve the right to cancel tickets issued to the mTicket wallet if we are notified that payment has not been received.
7 Our responsibility for loss or damage suffered by you
7.1 If we fail to comply with these terms, we are responsible for loss or damage that, at the time of entering into this contract, can be or can be specifically attributed to, or is a foreseeable result of, our breach or negligence. We are not responsible for any loss or damage that is not foreseeable or is not specifically attributable to our breach. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
7.2 We only supply the tickets for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
7.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of your legal rights in relation to this service;
(d) First Bus’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this contract shall in all circumstances be limited to the value of your subscription ticket.
7.4 Our liability shall not be excluded or limited by any applicable laws, regulations, regulatory requirements and codes of practice of any relevant jurisdiction, as amended and in force from time to time.
7.5 We have taken steps to ensure the security of your payment transaction, including adopting appropriate industry standards. All Direct Debit transactions are handled by our partner GoCardless, a UK online Direct Debit provider. Your bank account and related personal data are only collected by GoCardless in order to process your order. GoCardless terms and conditions, privacy and security policies can be found at the GoCardless Website.
8 How we may use your personal information
9 Other important terms
9.1 We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this.
9.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
9.4 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
9.5 If we delay in enforcing this contract, we can still enforce it later. If we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
9.6 These terms are governed by English law and any legal proceedings in respect of the subscription tickets shall be heard in the English courts.
9.7 If you have any issues with subscription tickets please contact the Ticketing Team as per clause 2.2. If after contacting us you are not satisfied with our final response to your query, and in accordance with your rights to Alternative Dispute Resolution under the Consumer Rights Act, you can write to the relevant bus appeals body. The appropriate body will depend on the location of the service your query was in regard to:
England and Wales: Bus Users UK (www.bususers.org)
Scotland: Bus Users Scotland (BUS) (www.bususers.org)