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Train conditions of carriage Train conditions of carriage

1. Application of Conditions

1.1 Application of conditions

Auckland Passenger Rail Network Conditions of Carriage conditions of carriage apply to any Passenger Service and any person on any Passenger Service even if that person does not hold a Valid Rail Ticket. In the case of a Passenger Service provided other than by rail, for example by rail bus, these Conditions must be read with any modifications as are reasonably necessary for the application of these Conditions to such Passenger Service.

1.2 AT HOP Card terms of use

In addition to these Conditions, use of AT HOP Cards are subject to the AT HOP Card Terms of Use.

1.3 Requirements for a valid rail ticket

Travel using any Passenger Service is only permitted with a Valid Rail Ticket. A Customer must not use a Passenger Service unless accompanied by a Valid Rail Ticket issued in accordance with these Conditions. The Operator’s representatives may carry out full ticket checks on board any Passenger Service. A Customer must, if required by the Operator’s representative, show a Valid Rail Ticket for travel and, if applicable, evidence of a Concession Entitlement when on board a Passenger Service.

2. Liability 

2.1 Liability of operator

Customers use the Passenger Services at their own risk and (to the extent permitted by law) the Operator will not be responsible for any loss, damage, cost, expense or injury suffered by Customers (or Pets accompanying customers), or for any loss or damage to a Customer's property, resulting in any way from the use of the Passenger Services. Without limiting the foregoing:

  1. The Operator will not, in respect of any Customer, be liable for any loss, damage or delay caused by or arising from an event beyond the control of the Operator, including any inevitable accident, riot, civil commotion, strike, lock out, stoppage or restraint of labour, regardless of the cause and whether partial or general.
  2. The Operator may use any mode of transport to carry Customers and may substitute the mode of transport used at any time, including during a journey.
  3. The Operator does not guarantee that Passenger Services will be available at any particular time or at all. The Operator is not liable to a Customer or any other person:
    • for any consequences arising from any variation or delay in the time of arrival or departure from any station or stop of any vehicle; or
    • for any loss or damage as a result of a cancellation or any variation of the time of arrival or departure from any station or stop of any vehicle.
  4. The Operator may vary or cancel wholly or in part the scheduled services shown in the Operator’s timetables or may vary the point at which Customers are able to embark or disembark Passenger Services.
  5. The Operator does not guarantee the time of arrival or departure of its Passenger Services at the times published in any timetable for the Passenger Services.
  6. The Operator does not guarantee the availability to any Customer of any seat or any specific area within a Passenger Service.
  7. Valid Rail Tickets are subject to any alteration which the Operator may make to the Passenger Service to which that Valid Rail Ticket relates during the currency of the Valid Rail Ticket and the holder of the Valid Rail Ticket is not entitled to any allowance or compensation due to any change in the time or location of the Passenger Service or any reduction in the Passenger Service.
  8. The Operator is not required to refund money or to make any other allowance to a Customer:
    • because of a subsequent reduction in the rate for that Valid Rail Ticket type; or
    • who is unable to fully utilise their Valid Rail Ticket for any reason. Nothing in these Conditions is intended to limit or replace any rights Customers have under the Consumer Guarantees Act 1993.

2.2 Liability of the Customer

The Customer will be liable for any loss, damage or cost suffered or incurred by the Operator as a direct or indirect result of the Customer breaching any obligation under these Conditions, including (without limitation) any obligation relating to Pets accompanying a Customer.

3. Accompanied Items and Lost Property

3.1 Accompanied items

The following conditions apply to Accompanied Items:

  1. All Accompanied Items are carried under the conditions set out in section 268 of the Contract and Commercial Law Act 2017.
  2. Large items, including bicycles and other personal mobility devices, may only be carried if there is room for them on a Passenger Service and other personal mobility devices. These items must not block exit ways, including doorways and passages. Large items, including bicycles must be carried in the area designated within the Passenger Service for that purpose. The Operator may refuse to carry large items on any Passenger Service where, in the opinion of the Operator, the carriage of these large items may cause danger, discomfort or inconvenience to other Customers. Large items cannot be carried on Passenger Service replacement bus services or special event services.

3.2 Privately owned personal mobility devices

Privately owned personal mobility devices e.g. wheelchairs (powered and nonpowered), scooters (including e-scooters), bicycles (including e-bikes), skateboards (including powered skateboards), unicycles (including powered unicycles), selfbalancing scooters and segways are permitted onboard trains.

Where privately owned personal mobility devices are brought onto a Passenger Service parking brakes are to be applied, the device is to be switched off, and folded where applicable.

3.3 Commercial (hire) personal mobility devices

Commercial (hire) personal mobility devices e.g. hire bikes and hire e-scooters are not allowed onboard passenger services.

3.4 Other items and devices

  1. Prams, pushchairs, baby carriages, shopping jeeps, battery-powered personal mobility scooters (subject to clause 3.4(b)), non-motorised golf buggies and similar items may be carried on a Passenger Service at any time without charge, provided that the safety or comfort of other Customers is not affected. These devices must either be capable of being manoeuvred across the retractable or portable ramp by the Customer and/or their support person, (i.e. no wider than 650mm), or able to be carried by the Customer and/or their support person. The Operator is not obliged to lift / manoeuvre wheelchairs, prams or other heavy items.
  2. Battery powered personal mobility scooters may be brought by mobility impaired Customers on a Passenger Service if they are no longer than 1350mm, no wider than 650mm, do not have a fully laden weight of more than 200kg and are capable of turning easily from the door of the Passenger Service into a designated parking area within the Passenger Service. 
  3. Guide or Assistance Dogs can always be carried free of charge on all Passenger Services.
  4. Pets are permitted to be carried on Passenger Services free of charge, subject to the following provisions:
    • only one Pet is permitted per handler;
    • the Pet is either placed in a fully enclosed carrier or kept under control by someone capable of doing so with the use of a lead;
    • with regard to dogs:
      • unless wearing a muzzle that is able to prevent the dog from biting, dogs are to be enclosed in a suitable pet carrier that is small enough to be stored securely under the seat or held on the Customer’s lap, or in a stroller, as long as that will not impede other Customers in moving about the Passenger Service, and the stroller remains in the ‘T car’ (the train carriage that can be accessed without using steps); and
      • muzzled dogs travelling outside of a carrier must remain muzzled while on a train and on station property;
    • a Customer who takes a Pet onto a passenger service must remove any waste that Pet creates from the Passenger Service or station property before leaving the Passenger Service or station property;
    • a Customer who takes a Pet onto a Passenger Service must not allow the Pet or its carrier to occupy a seat or be placed in a way that prevents another Customer from using that seat;
    • a Customer must not allow a Pet to stray or wander onto or into a Passenger Service or onto station property. The Customer in charge of the Pet must have full control of their Pet at all times; 
    • Pets can only board trains between 09:00 to 15:00 and after 18:30 on weekdays, and at any time on weekends and public holidays;
    • Pets cannot travel on rail replacement bus services;
    • Customers younger than 16 years old cannot travel with Pets alone;
    • The Operator may ask a Customer in charge of a Pet being carried on a Passenger Service to remove the Pet from the Passenger Service or station property if, in the opinion of the Operator, the Pet is causing a disturbance or acting in a manner that pose a risk to the safety of any person, or another animal; and If asked to do so under condition 3.4(d)(x), a Customer must remove their Pet as soon as is reasonably practicable.
  5. Customers may take hand luggage and small articles on Passenger Services without charge. Any article which is offensive, or which may in the opinion of the Operator cause danger, discomfort or inconvenience to other Customers is not permitted. The Operator will not accept property for carriage on a Passenger Service unless it is accompanied by a Customer.
  6. The Operator will give reasonable assistance to Customers who require it. However, they are not expected to lift any item heavier than 15kg, or which is bulky or difficult to lift, or which presents a risk of injury to the Operator.
  7. A Customer in or on a Passenger Services or station property must not convey or bring, or attempt to convey or bring, anything that could injure or endanger another person or damage property e.g. petrol, firearms, corrosive chemicals, pesticides, biocides, anything containing radioactive materials, poisons, etc.

3.5 Lost property

The Operator is not responsible for any lost property on a Passenger Service. Visit the Auckland One Rail website or contact the Operator on 09 969 7777 for further information on lost property.

3.6 Unattended items

Luggage and other items must be attended by Customers at all times. Unattended property may be a security risk and may be removed by the Operator without notice.

4. Information

4.1 The Operator will be entitled, and the Customer consents, to the use of any of the Customer's personal information obtained in relation to a Customer's use of any Passenger Service, collected directly from the Customer for any purpose associated with the operation and improvement of Passenger Services, marketing and promotion of the Operator or Auckland Transport and any other administrative purpose. The Operator may disclose any such information to any of its subsidiaries, associated companies, Auckland Transport, Auckland Council and/or government agencies, third party service providers or any other person engaged in business operations with the Operator from time to time as necessary for business purposes, or as required under the Privacy Act 2020.

4.2 Personal information collected, stored, used and disclosed by the Operator will be collected, stored, used and disclosed in accordance with the Privacy Act 2020, and the Operator’s Privacy Policy (available at: http://www.aucklandonerail.co.nz ). Passenger Services and station property may be monitored by CCTV cameras. CCTV images are recorded for crime prevention and detection, for use in legal proceedings, and to assist with public safety, and may be passed to the New Zealand Police or other authorities.

5. Customers

5.1 Each Customer must comply with any notice or instruction given by the Operator concerning Customer conduct or the operation of any Passenger Service. Customers may only travel in areas of the Passenger Service designated by the Operator. When on a Passenger Service, a Customer must, always:

  1. act in a safe and responsible manner;
  2. co-operate with, and observe all instructions from, the Operator;
  3. follow all signs and obey all notices; and
  4. ensure that hot drinks are only consumed from lidded or spill proof containers, and will not:
  5. smoke, take drugs or consume food;
  6. consume alcohol or be in possession of an open vessel of alcohol;
  7. use bicycles, roller skates, roller blades, scooters, skateboards or other similar equipment;
  8. be accompanied by any animal (other than a Guide or Assistance Dog or Pet meeting the criteria outlined in condition 3.4(d));
  9. interfere with or use emergency equipment or emergency exits except in an emergency;
  10. behave in an unsafe, noisy, violent or antisocial manner; 
  11. evade or attempt to evade payment of a Passenger Service fare for which the Customer is liable;
  12. litter, tamper with or damage any property of the Operator or Auckland Transport; 
  13. carry any weapon or any noxious or illegal substance; or
  14. commit any crime.

6. Refusal to Carry

6.1 The Operator and its representatives may refuse to carry a Customer or any property, refuse carriage under a Valid Rail Ticket or require a Customer to disembark at a station when, in the exercise of its reasonable discretion, the Operator decides that: 

  1. the action is necessary for reasons of safety; 
  2. the action is necessary to prevent violation of any law;
  3. the conduct, age, mental or physical state, nature or condition (including intoxication) of a Customer or persons under the control of the Customer or the Customer's property, as applicable, may:
    • require the special assistance of the Operator;
    • cause inconvenience, discomfort or objection to another Customer; or
    • involve any hazard or risk to that Customer or property or to any other person or property;
  4. the person does not have a Valid Rail Ticket or has previously defrauded the Operator or Auckland Transport; 
  5. the action is necessary owing to the failure by a person to observe the instructions of the Operator;
  6. the safety of the Operator, or Customers is, or may be, threatened;
  7. the Customer appears to be under the influence of alcohol or drugs, is in (or is carrying any item that is in) a filthy condition, is smoking, is littering, or is consuming food;
  8. the Customer is consuming a hot drink in an open, or non-spill proof container;
  9. the Customer is abusive towards, the Operator, contractors or other Customers including by swearing or using racist or other inflammatory language or threats; 
  10. the Customer is noisy or violent or is disturbing the peace; 
  11. the Customer is carrying a weapon or any noxious or illegal substance; 
  12. the Customer is accompanied by an animal (other than a Guide or Assistance Dog, or Pet meeting the criteria outlined in condition 3.4(d));
  13. the Customer has (or has previously) vandalised a Passenger Service or any other station property or other equipment used by the Operator or Auckland Transport;
  14. the Customer has evaded, or is attempting to evade, a fare; or 
  15. the Customer is in breach of these Conditions.

7. Definitions

7.1 In these Conditions: Accompanied Item means any item that a Customer takes on a Passenger Service, and accompanies throughout that Passenger Service journey;

AT HOP Card means a second-generation ticketing smartcard sold by or on behalf of Auckland Transport (and excludes a first-generation HOP card co-branded with "Snapper");

AT HOP Card Terms of Use means the terms and conditions relating to governing the possession and use of an AT HOP Card set out on the Auckland Transport website www.AT.govt.nz;

Auckland Council includes its employees, agents, contractors, successors and assignees;

Auckland Transport includes Auckland Transport’s employees, agents, contractors, successors and assignees;

Concession Entitlement means an entitlement to purchase concession fares subject to Auckland Transport’s concessionary fare scheme;

Conditions has the meaning given to that term in section 1;

Customer means a person on a Passenger Service who holds, or is required to hold, a Valid Rail Ticket;

Guide or Assistance Dog means a guide dog certified under the Dog Control Act 1996 used for sight, hearing, mobility, epilepsy or any other disability assistance, and guide dogs in training;

Operator means Auckland One Rail Limited, its employees, agents, contractors, successors and assignees or a person who has entered into a contract with Auckland Transport for the provision by that person of a service carrying Customers by Passenger Services;

Passenger Service means a train service (excluding chartered or special vehicles) conducted by the Operator and includes a service normally provided by a train that is provided using an alternative mode of transport;

Permit to Travel means a permit issued by the Operator or its representative or a Transport Officer to a Customer who has provided evidence satisfactory to that inspector that, as a result of equipment failure, the Customer has not been able to purchase a Valid Rail Ticket;

Pet means a tame, domestic animal that lives in a Customer’s home;

Valid Rail Ticket means either:

  1.  a paper ticket purchased from a Ticket and Top Up Machine or Customer Service Centre; 
  2. an AT HOP Card (loaded with HOP Money, a Period Pass or a Pre-Paid Trip (as defined in the AT HOP Card Terms of Use));
  3. a Permit to Travel (issued by the Operator); or 
  4. a monthly ticket issued by the Operator for use by the Operator’s nominated staff and their dependents (separate conditions apply).

8. Interpretation

8.1 In these Conditions, unless the context otherwise requires:

  1. headings are for convenience only and do not affect the interpretation of these Conditions;
  2. words importing the singular include the plural and vice versa;
  3. words importing a gender include any gender;
  4. an expression importing a natural person includes any company, partnership, trust, joint venture, association, corporation or other body corporate and any governmental agency;
  5. a reference to a section or schedule is to a section or schedule of these Conditions. Each schedule forms part of these Conditions;
  6. a reference to any statute, regulation, proclamation, order in council, ordinance, by-law or rule, includes all statutes, regulations, proclamations, orders in council, ordinances, bylaws or rules varying, consolidating, re- enacting, extending or replacing them and a reference to a statute includes all regulations, proclamations, orders in council, ordinances, by-laws or rules issued under that statute;
  7. a reference to a document or a provision of a document includes an amendment or supplement to, or replacement or novation of, that document or that provision of that document;
  8. a reference to a person includes that person’s executors, administrators and successors; 
  9. the term includes or including (or any similar expression) is deemed to be followed by the words "without limitation"; and
  10. other parts of speech and grammatical forms of a word or phrase defined in these Conditions have a corresponding meaning.

9. New Zealand Law

9.1 These Conditions are governed by New Zealand law. Any proceedings relating in any way to these Conditions or to any Passenger Service must be brought in a court of competent jurisdiction in New Zealand.

10. General

10.1 Except as expressly provided in these Conditions or in the conditions attached to any Valid Rail Ticket as set out in the AT HOP Card Terms of Use, all Valid Rail Tickets are issued and all Passenger Services are performed, subject to:

  1. the extent applicable in each case, subpart 1 of part 5 of the Contract and Commercial Law Act 2017, the Railways Act 2005 and the Human Rights Act 1993; 
  2. the Land Transport Act 1998; 
  3. all other laws, conditions and any license applicable to carriage under a Valid Rail Ticket; 
  4. these Conditions; and
  5. all other conditions, regulations and information appearing on a Valid Rail Ticket.

10.2 These Conditions are intended to be for the benefit of, and enforceable by, the Operator for the purposes of subsection 1, part 2 of the Contract and Commercial Law Act 2017.

11. Overriding law

11.1 If any provision contained or referred to in these Conditions is in conflict with any other law and that other law cannot be waived or avoided by these Conditions, that provision only remains applicable as part of these Conditions to the extent that it is not in conflict with the law. The invalidity of any provision does not have the effect of invalidating any other provision of these Conditions.

12. Conflict with Ticket Conditions

12.1 If there is any conflict between these Conditions and the conditions or information printed on a Valid Rail Ticket or contained in the AT HOP Card Terms of Use, these Conditions prevail.

13. No Waiver

13.1 Nothing in these Conditions represents a waiver by the Operator of any statutory or other legal right, immunity, exception, limitation or protection.

14. Amendments to these Conditions

14.1 These Conditions may be amended without prior notice. Any amendments to these Conditions are valid and effective from the time that they are published on the Operator's website (http://www.aucklandonerail.co.nz ).

Last updated by Auckland One Rail on 16 January 2022.