GNERtime & GNERtime Privilege were two levels of a loyalty programme provided by GNER until 8 December 2007. National Express East Coast has agreed to honour scheme benefits for existing members subject to the following terms and conditions:
Terms and Conditions (‘the Conditions’) effective from 9 December 2007
1. Membership Agreement
These Conditions set out the contractual relationship between National Express East Coast and each individual Member of GNERtime or GNERtime Privilege, as the case may be.
2. Membership Criteria
2.1 National Express East Coast will honour all GNERtime memberships which started on or before 1 December 2007 until the expiry date printed on each membership card.
2.2 Membership is offered at the discretion of National Express East Coast and National Express East Coast reserve the right to terminate membership at any time.
2.3 Multiple Membership is not permitted and an individual must maintain only one Membership in any 12 month period (this includes GNERtime Privilege Partner Membership).
2.4 By use of the Card and/or providing their Membership number, Members agree to be bound by these Conditions (as amended from time to time) and the information on the National Express website.
2.5 Membership will terminate automatically after one Year.
2.6 Membership is limited to two Members per household during any 12 month period.
2.7 Members of GNERtime Privilege may nominate an individual to be a Partner Member.
2.8 Membership is non-transferable.
2.9 Membership is not open to companies, partnerships, unincorporated associations or similar entities.
3. Membership Card
3.1 The Card must be signed in ink immediately on receipt and then it will be valid until the expiry date as shown on the Card.
3.2 Only the Member named on the Card may use the Card or quote the Membership number. Cards are not transferable. Cards must only be used in accordance with the operating instructions and conditions of use issued by National Express East Coast or its agents from time to time.
3.3 Only one Card per person is allowed at any one time.
3.4 The Membership Card is not a credit card and remains the property of National Express East Coast and must be returned to National Express East Coast on request.
3.5 Each Member shall take every possible care to prevent their Membership Card being lost, mislaid or stolen. National Express East Coast accepts no responsibility for lost or stolen cards. Replacement cards will only be issued at the discretion of National Express East Coast.
3.6 If the cardholder retains or recovers possession of their Membership Card after it has been reported as lost or stolen or after the Card number has been disclosed to any other person, the Card must not be used and must be returned immediately to National Express East Coast.
3.7 Members must immediately notify National Express East Coast of any changes of his/her name or address using the on-line form.
4. Benefits
4.1 Subject to Conditions 4.2 below, the Membership Card and Benefits arising under the Scheme are non-transferable or assignable in whole or in part, but are personal to the Member.
4.2 The following Benefits are transferable Benefits so can be passed to friends and family members: £5 Refreshment voucher; GNERtime travel for 2 vouchers; GNERtime travel for 1 vouchers. Please note that individual Benefit terms and conditions apply.
4.3 No alternative cash equivalent or refunds may be given for any Benefits received as part of the Scheme. Membership Benefits are not eligible for re-sale. If any Benefits are deemed to have been sold to a third party, National Express East Coast has the right to terminate Membership in accordance with Condition 6 below.
4.4 All Benefits are subject to availability.
4.5 Some Benefits will be provided by National Express East Coast and others (such as hotel discounts) will be supplied by third party Benefit Partners and are subject to their terms and conditions. National Express East Coast will use reasonable endeavours to ensure the availability of Benefits provided by Benefit Partners but will not be liable for any Loss arising from the failure by Benefit Partners to provide such Benefits.
4.6 National Express East Coast may discontinue relationships with Benefit Partners at any time and will give Members such notice of any discontinuance as is reasonably practicable in the circumstances.
4.7 National Express East Coast cannot be held responsible for lost, stolen or damaged Scheme Benefits once issued. Replacement Benefits will not be issued. Benefits are non-refundable and cannot be redeemed for cash or re-sold. If the Benefit is not used before the expiry date, no replacement will be issued.
5. Member’s Right to Terminate Membership
5.1 Members may cease to be a Member by giving written notice to National Express East Coast to that effect which must be accompanied by the Card (which must be cut in four if returned by post). Until such termination becomes effective, National Express East Coast may continue to communicate with the Member.
6. National Express East Coast’s Right to Terminate Membership
6.1 In addition to any other rights or remedies it may have, National Express East Coast reserves the right at any time in its absolute discretion to terminate Membership of any Member if a Member commits Fraud or Misconduct.
6.2 National Express East Coast also reserves the right to withdraw remaining memberships, where possible reasonable prior notice will be given.
6.3 National Express East Coast reserves the right to decline honouring the award of Benefits and to withdraw, terminate or modify the Benefits at any time.
6.4 National Express East Coast reserves the right to change these Conditions without notice at any time. Up-to-date Conditions can be found on the National Express website.
6.5 GNERtime was owned and managed by GNER and therefore closed on 8 December 2007.
6.6 National Express East Coast honours existing GNERtime members' benefits at its sole discretion and reserves the right to withdraw benefits at any time.
7. Governing Law
7.1 These Conditions are governed by English law and do not affect your statutory rights. By signing or using your Card, you are deemed to accept these Conditions. Where these Conditions are modified by National Express East Coast, Members shall be deemed to accept such modifications by retention or further use of their Card. Any printed statements made by NXEC regarding this Scheme form part of these Conditions. National Express East Coast’s decision shall be final and binding in all matters regarding the Scheme.
Definitions
In the Conditions, the following words and expressions have the following meanings:
‘Benefit’ – Means a benefit or reward as defined in Condition 4.
‘Benefit Partners’ – Means third parties such as hotels and car hire companies who provide Benefits to Members by reason of their Membership.
‘Card’ – Means a GNERtime Card, GNERtime Privilege Card or GNERtime Privilege Partner Card, as the case may be.
‘Fraud’ includes fraud, dishonesty and deceit and in particular:
a) Knowingly supplying incorrect information;
b) Attempting to use Qualifying Tickets used by any person other than the applicant;
c) Selling, bartering and/or purchasing Qualifying Tickets or Benefits including attempting to sell or transfer Qualifying Tickets or Benefits; or
d) Knowingly benefiting from the Fraud or Misconduct of any Member or individual.
National Express East Coast – NXEC Trains Limited, 7 Triton Square, London, NW1 3NG. Registered in England No. 5876737
‘GNER’ – Great North Eastern Railway Limited, Sea Containers House, 20 Upper Ground, London SE1 9PF, Registered in England No. 2938984.
‘Loss’ – Means losses, costs, damages, injuries, accidents or claims (whether direct or indirect) suffered by Members in connection with the provision of Benefits.
‘Member’ – Means the person who is a member of GNERtime or GNERtime Privilege or nominated Partner Member and whose name is printed on the Card.
‘Membership’ – Means membership of GNERtime or GNERtime Privilege
‘Misconduct’ includes:
a. Failure to comply with these Conditions;
b. Failure to comply with the National Rail Conditions of Carriage;
c. Failure to comply with the Railway Byelaws (as amended from time to time);
d. Attempting to obtain Qualifying Tickets by Fraud;
e. Misconduct on board a National Express East Coast train or National Express East Coast managed station; and
f. Misconduct when dealing with National Express East Coast employees.
‘Partner Member’ – Means the person nominated by the GNERtime Privilege Member to be their Partner Member and whose name is printed on the Privilege Partner Membership Card.
‘Scheme’ – Means the GNERtime or GNERtime Privilege Scheme.
‘Year’ – Means any consecutive 12 month period.