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IMPORTANT - Terms and Conditions of Booking and Carriage and Limitation of Liability
By purchasing a ticket or making a booking to travel (whether directly with Friends of the Rail (FOTR) or through a sales agent or through a charterer or whether acquiring a ticket at a discount or for free) on an FOTR train you, and all the members of your party, will automatically acknowledge that you have read all the terms and conditions and the limitations of liability relevant thereto and will be deemed to have accepted them without alteration. You will also be deemed to have informed all the members of your party of the content and importance of these terms and conditions. Adults who purchase tickets on behalf of minor children will be deemed to have the legal authority to accept these conditions on their behalf.
In light of this, the purchase and issuance of your ticket (or any other valid authority to board or travel on an FOTR train) is subject to the following terms and conditions:
- BEST EFFORTS: Friends of the Rail (FOTR) will use its best efforts and all reasonable endeavours to run its services in accordance with the published schedule and timing, however, this may not always be possible. Whilst breakdowns are extremely rare, the reliability of heritage steam equipment is inevitably less than for more modern trains. FOTR runs over tracks belonging to either Transnet Freight Rail and/or PRASA and Metrorail. In terms of an access agreement signed with those companies, the acceptance and passage of heritage trains is neither company's highest priority which might result in delays.
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OPERATOR: Unless otherwise communicated, "The Friends of the Rail Association" is the sole operator of this train excursion, NOT "Transnet Freight Rail" nor "PRASA" or "Metrorail".
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BOOKING AND PAYMENT: Full payment is required to make a booking. No seats will be guaranteed or held on deposit or without full payment.
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LATE OR NON-RUNNING: Due to the use of third party facilities that are beyond FOTR's direct control, all dates and timings provided are provisional and are subject to change. FOTR cannot be liable for changes made to its scheduling by Transnet Freight Rail, PRASA, Metrorail or other parties not under its control. FOTR will make every effort to contact all booked persons at the contact numbers and/or email addresses provided should a change be necessitated, but will not be liable for any damages or fare refunds should the designated contact person not be available or be un-contactable (please ensure that we have at least your email address, cellphone and one other contact telephone number).
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MOTIVE POWER SUBSTITUTION: In the event of a locomotive failure or during periods of high fire risk, FOTR reserves the right to change locomotives or operate the service with alternative steam, diesel or electric traction or to cancel the service entirely without necessarily informing passengers in advance. Note that some trips, where indicated, may already be scheduled with such alternative traction.
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WET or COLD WEATHER: Friends of the Rail takes absolutely no responsibility whatsoever for any inconvenience, damage, injury or loss of any nature or any difficulties arising from adverse weather conditions. During periods when thunderstorms or inclement weather can be expected, passengers should ensure that they bring suitable protection such as umbrellas and raincoats. Our trains are not heated, so please bring adequate travel blankets and warm clothing for the early morning starts and late afternoon returns in the winter months.
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VENUES, etc: The destinations, venues, side tours and other off-train facilities are not operated nor under the direct control of FOTR. We regularly check chosen venues and will use our best efforts to ensure that they and their service are of a suitable standard, but we cannot be liable for any problems or deficiencies at venues. We would, however, like to know about any problems so that these can be addressed with the venue operators. Note also that stations, platforms and facilities, other than Hermanstad, are not under the control of FOTR. FOTR cannot be held liable or responsible for the state of such facilities nor for any accidents or injuries that may occur on them.
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REFUND POLICY: Once a booking is made, no refund will be issued unless the service is cancelled by FOTR. The provision of an alternative steam, diesel or electric locomotive or late running due to change in such motive power or for any other reason will not constitute a cancellation of the service for these purposes. Should a refund be given, it will not exceed the ticket price actually paid and FOTR shall not be liable for any additional loss (including consequential loss) caused by any delay and/or cancellation of the service, or for any missed connection due to late running or closure of the railway.
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ON-TIME DEPARTURES: FOTR's trains operate in reserved time slots, so prompt departures are essential. FOTR will not wait for late or lost passengers, will not entertain any refunds and will not be liable for any consequential damages arising from missed departures. To avoid being left behind, passengers are advised to ensure that they know how to get to the departure point, what the scheduled departure time is and plan to arrive in good time (ideally not later than 30 minutes prior to the scheduled outward departure and 15 minutes prior to the return departure).
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DISABLED ACCESS: FOTR welcomes disabled persons aboard its trains. However, due to the nature of the heritage coaches used, we regret that there is difficult and restricted access for frail or disabled persons and wheelchair users. We regret that due to space constraints, no disabled or special access toilets are available on the train. Also many remote stations used by FOTR do not have raised platforms or good wheelchair access. Please contact the the FOTR sales team on 012-548-4090 during office hours to discuss your requirements. We will try to accommodate you. Whilst FOTR staff will do all they can to help, frail and disabled persons must also be accompanied on board by one or more able-bodied persons to assist them during the boarding and journey.
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NO SMOKING: In conformance with the laws prohibiting smoking in public transport and for the comfort of our passengers, smoking is not permitted anywhere on FOTR trains. FOTR also has valuable wooden coaching stock and often travels when environmental conditions are such that there is a great risk of grass or bush fires. Line-side fires can cause delays to our trains and can cause damage to our rolling stock and to the property of others (including the livestock and beautiful game animals often seen on farms alongside the tracks). As a heritage operation we try to be 'good neighbours' with the people who live and farm alongside the lines we travel over. We and our other passengers really appreciate your efforts in not smoking on our trains. Note that it is especially dangerous, not to mention inconvenient for people passing through, to stand and smoke in the gangways between coaches. Smoking is therefore not permitted between the coaches.
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PASSENGER CONDUCT: Anti-social conduct, including rowdiness or drunkenness, will not be tolerated and may result in the offender being removed from the train. Passengers are required to comply with any reasonable request from the train staff relative to train management and safety.
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LINESIDE BEGGING: FOTR trains often pass through and occasionally stop at signals in areas where there are "informal settlements" some of whose residents, mainly the children, beg for money, sweets and food from passengers on the train. This is extremely dangerous because the children stand next to our train directly on tracks which are in use by other passing trains. Please obey the train staff and do not encourage this begging. It may be difficult and may seem cruel, but by not passing out sweets, food or money to these people you could avoid an accident and thus save lives.
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ON BOARD SAFETY: Please take great care if you cross from one coach to another. Do not stand in the walkway, but cross quickly from one coach to the next. Bare feet are a great risk, so you and your children are required to wear shoes or sandals at all times whilst on the train. No "heelys" or skates are allowed. In addition, some station areas where we stop may be littered with broken glass, thorns and other sharp objects which could cause serious injury to bare feet.
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DETRAINING (disembarking): Passengers may not 'detrain' at any point on the journey except when authorised by FOTR personnel. Passengers must detrain carefully, especially where there is no high-level platform. Make use of the help and advice of the FOTR staff when detraining. Once off the train, passengers must be aware that they are on the premises of a real working railway. Passengers must watch out for other trains which may approach silently (electric Metro trains are surprisingly silent). Passengers may not leave the established public area (station or platform) nor cross over or loiter on any railway tracks. Use the footbridges and underpasses where provided or cross tracks only under direct supervision of qualified FOTR staff.
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WINDOWS: Leaning out of the windows whilst travelling is dangerous not only because of the possibility of falling out, but also because, in some places, lineside tree branches and other vegetation are not regularly cut back and can cause serious injury to projecting body parts. Smaller children, by virtue of their size and shape and their ability to climb on seats and arm-rests are especially vulnerable to overbalancing. Parents must take extra care and ensure that windows next to children are not fully opened.
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CHILDREN: Children must be accompanied and supervised throughout the journey by a responsible adult. Parents, adults and other carers accompanying children are reminded of their serious responsibility and the need to adequately supervise and control those in their care.
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ON BOARD HEALTH: To maintain a clean and healthy environment, please do not use the toilets on the train while it is standing at our depot, in a station or at one of our stopping places. Toilets are available at our depot and at our venues. Qualified first responders, or a medic or paramedic travels with us on most public trains. Please ask our staff to call the medic should the need arise.
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OVERHEAD WIRES: Warning. Much of the track that FOTR traverses is equipped with overhead electrification catenary wires. Most of this is at 3 000 volts DC, but on some routes it is at 25 000 volts 50Hz AC. Both are instantly lethal if touched. Passengers must avoid any form of contact with these wires. Passengers may not climb onto or over any rail vehicles anywhere there is electrified track.
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DANGEROUS GOODS: Carriage of any dangerous goods and the display of firearms on FOTR passenger trains is prohibited. FOTR may require that certain dangerous items, such as gas cylinders, be carried in the guard's van, service vehicle or caboose.
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PROPERTY: FOTR will not be liable for the theft, loss or damage to any personal property or effects whilst on FOTR trains, on any alternative or connecting transport or whilst at any of the venues.
- ACCIDENT OR INJURY: VERY IMPORTANT: FOTR carries strictly limited public liability insurance. Passengers are therefore carried entirely at their own financial risk. FOTR will not be liable for any support or compensation in the event of an accident, injury or death of any passenger/s by any cause whatsoever, including whilst travelling on its trains, alighting or boarding its trains or whilst travelling on any alternative transportation or whilst present on any Transnet Freight Rail, PRASA, Metrorail or FOTR property or at any venue booked through FOTR, whether through the error, fault or negligence of FOTR or its contractors or agents or not. FOTR will not be liable for any consequential damages or any third party claims or claims by heirs, successors or assigns arising from any such incident. FOTR will not be bound to investigate, pursue, provide evidence for or support any claims, monetary or otherwise, made by passengers against their own insurers or against any third parties.
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AGREEMENT TO CONDITIONS: The person, legal entity or organisation making a booking on FOTR is deemed to have read and agreed to all these conditions and to the limitations of liability without alteration and to have understood their meaning and importance. FOTR will deem that the person making a booking has informed all other persons travelling in their party or group of these important conditions and has their consent to make the booking, including all these conditions, on their behalf. All passengers are required to ensure that their own personal insurance, personal accident, medical aid or health policies adequately cover and protect them whilst travelling on FOTR trains. Additional once-off insurance can usually be purchased directly from most insurance brokers if needed.
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