Metrolink: Terms and Conditions
Title and Commencement
1. These conditions shall be known as the "Transportation Auckland Corporation Limited Standard Terms and Conditions of Carriage" and took effect on 1 August 1991 for the purposes of every contract for the carriage of a Customer, with all matters concerning the Consumer Guarantees Act 1993 taking effect on 1 April 1994.
2. In these conditions unless inconsistent with the context the following terms shall bear the following meanings:
"Chief Executive" means the Chief Executive (or General Manager) of the Company or his/her deputy or any officer acting in their place or by their authority.
"Employee" means and includes any servant or agent of the Company with responsibility, express or implied, for the proper operation of the Company's services or for the protection of its vehicles or other property.
"Company" means Transportation Auckland Corporation Limited and its subsidiary and associated companies including The Yellow Bus Company.
"Consumer" means a consumer as defined in Section 2 of the Consumer Guarantees Act 1993 but does not include a passenger, who, by clause 4 of these terms and conditions, has agreed not to be subject to that Act.
"Customer" means any person being carried by or about to be carried by the Company on a vehicle whether by special pass, hire or reward on the transport system and every other person bound by these conditions.
"Fare" means any fare, toll or charge which may be fixed from time to time by the Company in respect of its Customer service, or any special Customer service, which it may from time to time provide.
"Operator" means and includes any Depot Officer, Supervisor, Driver or Customer loading assistant for the time being in charge of a vehicle or engaged in the duties of issuing or inspecting tickets or regulating the loading or operation of vehicles.
"Pay and Payment" and words of like meaning in relation to fares, include:
(i) The production of an authorised concession ticket/card, transfer ticket/card or other special ticket, card or electronic device for cancellation or partial cancellation either by the Operator or by machine for the Customer's journey.
(ii) The production of an approved pass or season ticket.
(iii) The offer of money to the Operator in payment of the fare for which a ticket or electronic device shall be issued as a receipt and paid has a corresponding meaning. "Ticket" includes a pre-paid multi-trip fare card or period pass. "Transport System" means and includes the public Customer Transport System for the time being under the control and management of the Company. "Vehicle" means and includes any omnibus, van and any other public Customer conveyance belonging to the Company, or worked upon or in connection with the Transport System and used for the carriage of Customers. "Waiting Room" means and includes any shelter, seat or other accommodation available for the use of people waiting for a vehicle in which they intend to travel, including any vehicle waiting room, bus shelter, kiosk and any other facility associated with the provision of the Company's services.
In these conditions:
(i) Words in the singular shall include the plural, and vice versa and words referring to the masculine gender shall also include the feminine gender.
(ii) Unless otherwise expressly provided a reference to a statute or a regulation shall mean a statute or regulation of New Zealand and shall include any amendment to them and any statute or regulation in substitution to them.
(iii) Unless otherwise stated references to money dollars and cents ($ and Ý) are references to the lawful currency of New Zealand.
(iv) Any obligation not to do anything shall be deemed to include an obligation not to suffer, permit or cause that thing to be done. (i.e. adults are responsible for the behaviour of accompanying junior).
3. A person who uses any part of the transport system for any purpose agrees, by so doing, to be bound by these conditions while using the Transport System.
4. Where the contract of carriage would otherwise be subject to the provisions of the Consumer Guarantees Act 1993 and where the transportation services are supplied for business purposes, the customer agrees that such services are supplied for business purposes in terms of Sections 2 and 43 of the Consumer Guarantees Act 1993 and that the provisions of the Consumer Guarantees Act 1993 do not apply to the Customer. Such a Customer is not a Consumer for the purposes of these terms and conditions.
5. No Customer shall:
(i) Enter or leave or attempt to enter or leave a vehicle whilst it is moving or waiting at any road intersection or traffic signal or at other than an authorised bus stop.
(ii) Enter or attempt to enter the vehicle through any entrance until all alighting Customers have alighted.
6. All intending Customers shall, upon request by an Operator, form an orderly queue and shall enter the vehicle in a quiet and orderly manner.
7. No Customer shall stand or remain standing on the steps of the vehicle or any other unauthorised part of the vehicle when requested by the Operator to move.
8. Each Customer shall upon entering the vehicle either pay a fare, show a pass or concession ticket for their journey in accordance with the Company's fare schedule. No Customer shall evade payment of the fare.
9. No Customer shall travel on the vehicle beyond the point for which they have paid a fare, without first paying the correct fare for the actual distance travelled.
10. Where any Customer offers cash in payment of the fare to the Operator which is in excess of the amount of the fare and for which the Operator is unable to give the correct change, the Customer shall be regarded as a Customer unable to pay their fare. The Customer shall give their name and address to the Operator and shall pay the correct fare to the Company at its office within seven days. If the Customer fails within the seven days to pay the fare to the Company, the Company shall be entitled to charge such reasonable further sum by way of administrative fee as it shall from time to time determine and take such steps as it thinks reasonable to recover payment of fare and charge.
11. When the Customer produces a valid prepaid ticket, the Operator shall forthwith cancel the ticket to the appropriate extent by means of an approved cancelling device.
12. A ticket, which is issued upon payment of the fare, shall be available to the Customer only upon the vehicles and for the journeys for which it is issued.
13. No Customer shall produce a ticket to the Operator which is improperly altered or has expired or has been wholly cancelled.
14. Every Customer shall upon request give to the Operator full and correct information as to where they had boarded the vehicle and details as to payment of the fare and shall produce for inspection the ticket which relates to the fare.
15. Every Customer upon request shall give to the Operator true details of their name and address, where the Operator has good reason to require that information.
16. The Operator shall have the right to refuse to carry any person, adult or minor or to seek to remove or remove from the vehicle any Customer who is intoxicated, drugged, dirty or behaving in a manner which is dangerous or offensive to other Customers or the Operator, or who refuses to obey a reasonable request made by an Operator under these circumstances.
17. No Customer shall spit, consume food or drink of intoxicating substances or deposit offensive matter in or upon any vehicle or Waiting Room of the Company, nor deface or damage the Company's vehicle or street furniture.
18. No Operator or Customer shall smoke any substance on any vehicle whilst in scheduled route service.
19. No Customer shall behave in an offensive manner whilst on the vehicle or in a Waiting Room including:
(i) Placing their feet on the seat in a vehicle or waiting room.
(ii) Using obscene or offensive language.
(iii) Operating a radio, television set, cassette player, or play any instrument or gamble or play any game which may annoy or inconvenience other Customers or cause distraction to the Operator.
20. The Company accepts no responsibility for any parcel, package, luggage or other goods placed or left in any vehicle or waiting room Provided That this clause shall not prevent a Customer who is a Consumer from exercising any remedies that Customer may have under the Consumer Guarantees Act 1993.
21. Any customer finding or receiving any money or article which appears to have been lost or left on any vehicle or waiting room shall forthwith hand it to an Operator or Officer and if so requested be given a receipt.
22. The Company shall have the right to sell any lost articles which have been unclaimed for three months by public auction (excepting perishable items which may be disposed of in such manner as the Company thinks fit). The net proceeds of such sale together with unclaimed monies shall be given to a charity of the Company's choice.
23. Except with the prior written consent of the Company, no person or customer shall put any signs on Company property, or beg or solicit money from or canvass officers or customers.
24. No person shall remove or damage a Company notice or sign or otherwise wilfully damage or interfere with any part of the Company property used in the Transport System.
25. No person shall in any way wilfully impede or interfere with the vehicles used in the Transport System or prevent them from travelling at their ordinary rate of speed.
26. No person shall threaten with violence or abuse or wilfully assault any customer or Operator.
27. Only bona fide customers or intending customers shall be entitled to use the Company's Waiting Room.
28. No customer shall bring any large luggage or parcel or pram or pushchair onto the vehicle unless approved by the Operator but shall place it in such luggage compartment area in the vehicle as directed by the Operator. The customer agrees to indemnify the Company for any loss or damage caused to the Company property or other persons by the carriage of such articles.
29. No animals (other than a properly certified guide dog (or under training) accompanying a blind person), shall accompany any customer on the vehicle.
30. The Company shall have the right at all times to issue passes to enable persons to travel on the Company vehicles free of charge, upon such terms and conditions as it may decide.
31. The Company shall be under no liability for any loss or damage caused to any article it agrees to carry as freight Provided That this clause shall not prevent a Customer who is a Consumer from exercising any remedies that Customer may have under the Consumer Guarantees Act 1993.
32. ALL tickets and passes issued by the Company shall remain its property.
33. Where any person in any part of the Transport System is found doing any action which is in breach of these conditions or contrary to common law, or is suspected by any employee or Operator to be about to do any such action, that person may be removed from the vehicle or waiting room by or under the direction of an Operator or employee by a police officer.
34. Neither the Company nor any operator, employee or agent shall be under any liability whatever directly or indirectly caused by or arising out of anything done by the Company, Operator, employer or agent pursuant to these conditions Provided That this clause shall not prevent a Customer who is a Consumer from exercising any remedies that Customer may have under the Consumer Guarantees Act 1993.
35. Any person who damages or causes to be damaged any property of the Company shall be liable for the cost of the repair and reinstatement of that property together with any other losses, damage or expense the Company may have incurred.
36. Any child travelling free of charge or on a child fare shall not occupy a seat whilst other Customers are standing and when requested by an Operator will vacate any seat to allow a standing adult Customer to be seated.
37. Nothing in these terms and conditions shall prevent a Customer who is a Consumer from holding or exercising any rights of remedies that Customer may have under the Consumer Guarantees Act 1993.
38. Some services operated by the Company may operate Closed Circuit Television (CCTV) for the purpose of capturing video footage to assist in internal investigations, including complaint resolution. The footage may be stored for up to 7 days, is only accessible by authorised individuals of the Company and will only be released to external parties where required by law.