1.1 This page contains the Conditions of Carriage (“Conditions”) relating to West Midlands Metro.
1.2 The Conditions set out your rights and obligations under the contractual relationship between us. We also draw your attention to separate legal requirements including the following:
1.3 These Conditions replace all previous versions. They are valid until further notice but may be amended from time to time. They come into force from the date shown on the front cover, and subject to the above will remain in force with any amendments we make, until they are re-published. A copy of the most up to date version is available at westmidlandsmetro.com or you may obtain a copy from Midland Metro Limited, 16 Summer Lane, Birmingham, B19 3SD.
1.4 Our staff and agents have no authority to make individual exceptions to these Conditions.
1.5 We may alter these Conditions at any time without notice if required by law or trading regulations.
1.6 Any contract for travel on West Midlands Metro is with Midland Metro Limited (trading as West Midlands Metro) who operate and maintain the system on behalf of West Midlands Combined Authority.
1.7 Customers agree to be carried on the journey stated on their Ticket on the terms of these Conditions and subject to the Byelaws.
2.1 We aim to be fair and responsive in all our dealings with our customers. Comments about our service or suggestions for improvement are always welcome. If a customer has a problem with their journey, and it cannot be resolved on the spot, they should contact West Midlands Metro Customer Services at:
West Midlands Metro Customer Services,
16 Summer Lane, Birmingham,
B19 3SD,
Telephone: 0345 835 8181,
Email: [email protected]
3.1 “Byelaws” means the Byelaws relating to Midland Metro as enacted under the Midland Metro Act 1989.
3.2 “Company” means Midland Metro Limited, trading as West Midlands Metro.
3.3 “Driver” means a person employed and authorised to drive any or all the Company’s tram’s and who is for the time being responsible for driving the particular tram.
3.4 “Inspector” includes any person authorised by the Company to supervise, inspect or control any of its tram’s.
3.5 “Authorised Officer” means any member of staff, police officer, or any other individual authorised by the Company to inspect Tickets and passes and enforce these Conditions. This includes but is not limited to Drivers and Inspectors.
3.6 “Revenue Officer” means a person who is an Authorised Officer responsible for checking tickets and passes and enforcing the Midland Metro Byelaws and Midland Metro (Penalty Fares) Act 1991(amended by the Midland Metro (Penalty Fares) Order 2019).
3.7 “Ticket” means any ticket, travel card or pass issued and/or accepted for travel on the tram. Tickets are only valid for travel if they have been appropriately validated prior to boarding the tram.
3.8 “Photocard” means a card with a serial number bearing a photograph of the person to whom it was issued to.
3.9 “Penalty Fare” means a fare payable by a person not in possession of a valid Ticket for a journey being made in accordance with notices displayed on the tram. The fare currently being £100 in accordance with the Midland Metro (Penalty Fares) Act 1991 (amended by the Midland Metro (Penalty Fares) Order 2019).
3.10 “Validity/ valid” governs where and when a Ticket can be used.
4.1 We aim to provide a safe and reliable service. Sometimes we cannot run our services at the advertised times or frequencies due to circumstances beyond our control. We reserve the right, when necessary, to alter timetables, re-route or suspend trams serving a station or tram stop or section of a line, without giving prior notice. We will only do this for good reasons and if it happens, we will do our best to tell customers why.
4.2 Our services are often heavily used so we cannot guarantee to carry customers or provide them with a seat on a particular tram.
4.3 We will not be liable for any loss, damage or inconvenience arising from the suspension, cancellation or alteration of any services. Neither will we be liable for the failing of any tram operating any service to start or finish its journey at the times appearing in the timetable, nor from any delay in the operation of any service.
4.4 The Conditions between the Company and a customer is limited to journeys on the Company’s trams and the liability of the Company is limited accordingly. Whenever the Company makes arrangements for customers to be conveyed on any other form of transport whatsoever the Company does so as an agent only.
4.5 These Conditions will not affect customers’ statutory rights.
5.1 Our highest priority is to ensure that all customers are carried safely and securely. To help us achieve this, it is essential that customers always follow any instructions given by an Authorised Officer and observe safety notices on the tram. In the interests of safety, customers may be required to leave the tram at any time.
5.2 For safety reasons customers must not attempt to board or alight when the on-board tram door closing signals are sounding. We accept no liability for any injury caused by a failure to follow this condition of carriage.
5.3 CCTV is in operation on our trams and tram stops. CCTV images may be recorded for the purpose of crime prevention, detection, legal proceedings and public safety. Images of alleged offenders may be passed to the police and be used in a court of law.
5.4 Customers must ensure that they comply with our Byelaws. Section 1 of this document details where these can be obtained. Customers may be prosecuted for breaching the Byelaws.
5.5 To ensure we operate all services in a safe manner, customers should not:
6.1 West Midlands Metro is a Buy Before You Board network. This means customers must ensure that they are in possession of a ticket or other authority to travel before making their intended journey. Tickets must be valid for the time of day and all the zones through which they intend to travel.
6.2 Customers must retain their ticket whilst they are on the West Midlands Metro network and must allow an Authorised Officer to inspect it when requested.
6.3 Tickets are issued subject to these Conditions and in compliance with any other relevant terms and conditions published from time to time. Where a Ticket can be used to make a journey with another operator, the Conditions of Carriage of that operator shall apply to that portion of the journey.
6.4 Tickets can only be purchased from official outlets and can only be used by the person they were issued to. Unless specifically advertised, Tickets are not transferable and must not be resold or given to another person for further use. Doing so is an offence and may result in the seller/buyer being prosecuted.
6.5 The Company may at its sole discretion withdraw a Ticket if it believes that it has been intentionally misused, damaged, defaced, altered or tampered with in any way. In such circumstances, customers will not be entitled to a refund of any remaining value or Ticket validity.
6.6 If a Ticket (or photocard) is damaged to such an extent that any material marking is not clear, it will not be accepted as valid. We may at our discretion replace the Ticket/photocard providing we can confirm that it is still valid, subject to an administration fee.
6.7 Up to three (3) children under the age of five (5) can travel free provided they are accompanied by a responsible fare paying customer or pass holder.
6.8 Child rate fares are available for those aged five to fifteen years (5–15) inclusive, except where alternative arrangements are advertised. Customers may be required to provide proof of age.
6.9 Customers aged 16 years or over must pay the adult rate fare, unless in possession of a 16-18 photocard issued by the West Midlands Combined Authority which allows eligible persons to pay a reduced fare at specified times and subject to the terms and conditions of the 16-18 Photocard Scheme.
7.1 Customers must allow an Authorised Officer to examine their ticket at any time during their journey if they are requested to do so.
7. 2 Customers should not attempt to use a ticket or smartcard which has:
7.2.1 been altered or defaced;
7.2.2 been issued for use by another person on terms that are not transferable;
7.2.3 expired;
7. 3 not been obtained by them from an official outlet;
7. 4 If a customer is found to be on a West Midlands Metro vehicle, or on a West Midlands Metro stop platform having just alighted from a vehicle, without a ticket or pass or other approved authorisation to travel valid for their journey, they will be liable to pay a Penalty Fare of £100 and may be liable to prosecution.
7. 5 Penalty Fares must be paid within 28 days of issue. If a customer pays within 14 days they will benefit from a 50% reduction. Payment of the Penalty Fare will be accepted either over the telephone or via the web portal – payments in cash are not accepted. Failure to make payment may result in legal proceedings being commenced in order to recover any outstanding debt
7. 6 Customers issued with a Penalty Fare may appeal against the notice at any point within the 28 day period. Customers must check the circumstances in which an appeal may be permitted, with details found on the West Midlands Metro website and the card handed to them when the Penalty Fare is issued. If circumstances apply where an appeal may be permitted, Customers must complete the online Penalty Fare appeal form that can be accessed via the same webpage (or send the appeal in writing to Penalty Fare Appeals, Metro Centre, Potters Lane, Wednesbury, WS10 0AR)
8 If an appeal is received within 14 days and is not upheld customers will still be able to benefit from the 50% reduction.
9. If an appeal is received after 14 days of its issue and is not upheld, the full Penalty Fare amount will remain payable.
10.1 We want to make travel on our tram accessible and easy for everyone.
10.2 Pushchairs can be wheeled straight on without being folded down (subject to available space).
10.3 There is space allocated on the tram for two wheelchairs. The wheelchair space is suitable for a “standard reference wheelchair” which has a maximum width of 700mm and a length of 1200mm.
10.4 Unfolded pushchairs or buggies are permitted on the tram subject to space requirements and providing they do not obstruct the gangway. Pushchairs and buggies should not impede other customers, pose a safety risk or utilise the wheelchair spaces if required by a wheelchair user.
10.5 For their own safety and safety of other customers, wheelchair and pushchair users should at all times ensure that they are positioned correctly in the specified bays.
10.6 Where a wheelchair customer wishes to board the tram, a customer with a folding pushchair may respectfully be asked to fold the pushchair in order to accommodate the wheelchair.
10.7 Wheelchair users are requested to apply the restraint system on the wheelchair to ensure they are safely positioned throughout the journey.
10.8 Wheelchair users have priority over other customers using the designated bay. Customers must vacate the bay if it is required by a wheelchair user.
10.9 The carriage of mobility scooters is subject to our permit system. Details of which are available separately. Customers with mobility scooters must comply with the requirements set out in this document which forms part of these Conditions. Further details are available at westmidlandsmetro.com or you can contact West West Midlands Metro Customer Services on 0345 835 8181.
11.1 It is the customer’s obligation to ensure that they have a valid Ticket at all times for the journey they intend to take and to retain it throughout the journey. Customers must produce their Ticket for inspection upon request by any Authorised Officer either on the tram or at the stop on leaving the tram.
11.2 No customer, except with the permission of the Company, should distribute any paper or other article for the purpose of giving or obtaining information or views from other customers.
11.3 Customers should not sell or offer for sale, any article while travelling on the tram, except with the explicit permission from the Company.
11.4 An Authorised Officer has the authority to direct customers to leave the tram on the following grounds:
11.5 Customers should not play or operate any musical instrument or sound reproducing equipment in a manner which could cause annoyance to other customers.
11. 6 An Authorised Officer can direct a customer to put in a designated or safe place or remove from the tram any of the following:
11. 7 Customers must not smoke on any part of the tram or at a tram stop. You may be prosecuted for doing so and could face a fine of up to £1000.
11.8 Customers should not consume any food or drink on the tram and should dispose of any chewing gum outside of the tram and off the tram grounds in a suitable bin.
11.9 Customers are requested not to discard litter on any tram or any part of the tram infrastructure.
11.10 Any customer found causing damage or applying graffiti to the tram or tram infrastructure will be liable to prosecution.
11.11 Our staff have the right to work without fear of intimidation, verbal abuse or physical assault, and we will prosecute any person who does not adhere to this.
12.1 For safety reasons and for the comfort of customers, we have to control the amount and type of luggage you can bring onto our trams.
12.2 At the discretion of an Authorised Officer, customers may bring onto the tram items such as personal luggage, pushchairs, buggies, prams, folded bicycles and items that are not dangerous or likely to injure anyone, provided they do not cause an obstruction and are not placed on the seats of the tram. The following items may not be taken onto a tram in any circumstances:
12.3 Folded pushchairs will be carried subject to available space.
12.4 Accumulators and other types of lead/acid battery will only be carried if securely sealed and must be placed on the floor, except where part of a wheelchair
12.5 The company will not carry unaccompanied luggage or parcels.
12.6 Luggage must not obstruct any gangway of any tram nor must it be placed on any seats.
12.7 The safety and security of your luggage is your responsibility.
12.8 We reserve the right to refuse permission for you to take any item onto a tram.
12.9 The company will not be liable for any loss of or for any damage caused to luggage accompanying customers except where caused by its negligence or that of its staff or agents. In the event of the Company being so liable, such liability shall in respect of any one claim:
13.1 If a customer finds any lost property on our trams, they should inform a member of staff.
13.2 If a customer loses or leaves any property on a tram, they should report this to the Company and give full details of the property and the journey on which it was lost.
13.3 The Company will not be responsible for any loss or damage howsoever arising of or to any property left on any tram or in any premises of the Company, whether or not it has been found by or handed to a member of staff.
13.4 Where lost property is found (including bicycles abandoned at tram stops or anywhere else on the Company’s property) or handed in to the Company, it will be disposed of after 28 days from the date found, except perishable goods, which will not be kept for longer than 24 hours.
13.5 Any lost property which is or becomes objectionable may be destroyed at any time.
13.6 Customers may be asked to provide proof of identification and a precise description of the lost property they are claiming to ensure the claimant receives the correct item.
14.1 Animals are not permitted to travel on the tram, with the exception of:
14.2 Dog owners must read and comply with the guidance provided in the information sheet ‘Travelling with Your Dog on West Midlands Metro’.
14.3 Customers travelling with an animal are solely responsible for the animal and liable for any losses incurred by the Company as a result of their behaviour.
14.4 No animal shall sit or be placed on the tram seats.
14.5 It is the responsibility of the customer bringing a dog or other animal onto a tram to ensure it is being always kept under proper control and does not cause a nuisance to any customers or staff.
14.6 The Company does not accept any liability caused by the loss, death or injury to animals being conveyed, unless caused through negligence by the company or its staff.
14.7 The Company may, at its sole discretion, refuse permission for an animal to access the tram network.
