Terms of Service

These terms are an agreement between KMR Digital Ltd, a company registered in England and Wales (company no. 17516682), trading as Railhop (registered office: 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ) ("Railhop", "we", "us" or "our") and the business that creates a Railhop for Business account ("the Customer", "you" or "your").

The person who creates the account, or who accepts these terms on your behalf, confirms that they are authorised to bind the business they represent. These terms take effect when they are accepted.

These terms apply to Railhop for Business at business.railhop.app, including the Railhop browser extension and the Railhop app when they are used for your workspace. Railhop's Terms of Use at railhop.app/terms apply only to individuals using Railhop for their own journeys, and do not apply to your use of Railhop for Business.

The agreement between us consists of these terms, the Data Processing Agreement, the prices on the pricing page (or any rate we have agreed with you in writing), and the Privacy Policy where it describes data we handle as a controller. If they conflict, the Data Processing Agreement prevails on personal data, and a rate agreed in writing prevails over the pricing page.

In these terms:

1. (a)"Service" means Railhop for Business as described in clause 5.
2. (b)"Account" means your business's account on Railhop for Business, and "Workspace" means a company workspace within it. A business may have more than one Workspace.
3. (c)"Authorised User" means a person you allow to use a Workspace as an owner or admin.
4. (d)"Traveller" means a person whose rail travel you booked and whose journeys appear in your Workspace, such as an employee or contractor.
5. (e)"Operator" means a train company that runs a Delay Repay or similar compensation scheme.
6. (f)"Claim" means a claim for compensation from an Operator that the Service prepares for a journey in your Workspace.
7. (g)"Commission" means the fee for a Claim described in clause 8.
8. (h)"Customer Data" means the data you or your Authorised Users upload to or create in the Service, including booking reports, journeys, Traveller records and Claims.
9. (i)"Business Day" means a day other than a Saturday, Sunday or public holiday in England.

Railhop for Business is for businesses and other organisations only, such as companies, partnerships, sole traders acting in the course of their business, charities and public bodies. It is not for consumers. By accepting these terms you confirm that you are acting for the purposes of your business.

An Account must be opened with a work email address at your business's own email domain. Free email addresses, such as Gmail, Outlook, Yahoo or iCloud, cannot open an Account. Travellers you invite may use any email address.

Your business is identified by the email domain of the person who created its Account. All Workspaces with the same email domain are treated as one business for the free claim (clause 7).

We may refuse to open an Account, or close one under clause 16, if we reasonably believe it does not meet this clause.

The person who creates a Workspace becomes its first owner. Owners may invite other Authorised Users and decide their roles. Owners manage billing and may close the Workspace.

Sign-in is by one-time email code or link, or by Google or Apple sign-in. You must keep access to your Authorised Users' email accounts secure, remove people who should no longer have access, and tell us promptly at hello@railhop.app if you suspect unauthorised access to your Account.

You are responsible for everything done in your Account by your Authorised Users, and for making sure they comply with these terms.

The Service helps you find and claim the Delay Repay compensation your business may be eligible for on rail tickets it bought. It:

1. (a)reads booking reports you upload (CSV or Excel exports from your booking tool, travel agent or expense system);
2. (b)checks each journey against the recorded running of the train and the Operator's compensation rules, and estimates the compensation that may be due and the deadline for claiming it;
3. (c)prepares Claims and, through the Railhop browser extension, fills in the Operator's own claim form for an Authorised User to check and submit;
4. (d)where an Operator requires the passenger to claim, or at your request, sends a Claim to the Traveller in the Railhop app or by email so that the Traveller can check and submit it; and
5. (e)records the status of each Claim and provides totals, exports and reports for your records.

Railhop never submits a Claim. Each Claim is submitted by a person: an Authorised User, or the Traveller, on the Operator's own form. Railhop does not act as your agent or representative in dealing with any Operator.

Each Operator decides whether a Claim is accepted and how much it pays. Compensation is paid by the Operator directly to the claimant, by the method the Operator's form offers (for example, to your business's bank account, or to the card that paid for the ticket). Railhop never receives, holds or handles compensation.

Eligibility and amounts shown in the Service are estimates based on the information available to us, including your booking data and third-party train running data. We do not guarantee that any Claim will be accepted or that any amount will be paid. The Service does not provide legal, tax or accounting advice.

You can upload booking reports and see your eligible compensation free of charge. Seeing journey details and making Claims require a subscription (clause 8), apart from the free claim (clause 7). Some features, including claiming, may not yet be available to every Workspace; the Service shows what is available.

Railhop is independent. It is not affiliated with, endorsed by or a partner of National Rail, Transport for London, Trainline or any Operator. Railhop does not store logins to your booking tool or to any Operator's website.

You must:

1. (a)make sure the booking data you upload is accurate and complete, and correct it if you find it is not;
2. (b)have the authority, and any consent or lawful basis required, to upload each Traveller's data and to make each Claim, including where a Claim is made in a Traveller's name;
3. (c)where a Claim is sent to a Traveller to submit, make sure the Traveller agrees to do so;
4. (d)claim only for journeys that the named Traveller actually made on the ticket concerned. A booking is not proof of travel: you must check each Claim before it is submitted, and must not submit a Claim you know or suspect to be inaccurate;
5. (e)make only one claim per ticket. You must not claim through Railhop for a ticket that has already been claimed, refunded or compensated by another route (including an automatic refund by your booking tool or a claim made by the Traveller), and must not claim the same ticket more than once;
6. (f)follow each Operator's claim terms and the National Rail Conditions of Travel;
7. (g)decide, under your own policy and each Operator's rules, whether compensation is paid to your business or to the Traveller; and
8. (h)keep your company details, billing details and the email addresses of your owners up to date.

The Service holds Claims it considers doubtful, for example a refunded or clashing booking, or a Claim a Traveller says they did not make. You must not work around a hold to submit a Claim you know is not valid.

You are responsible for each Claim submitted from your Workspace, whether by an Authorised User or by a Traveller from a Claim you sent them.

Each business may make one free claim: no Commission is charged on the first Claim your business submits, whichever Traveller it is for and whoever submits it. The free claim applies once per business, identified by its email domain, however many Workspaces it has.

The free claim requires an Account opened with a work email address. It does not require a subscription. Where your business has no subscription, the Service chooses the Claim to open as your free claim (the eligible Claim worth the most that your business can submit itself) and opens that Claim's journey details so that it can be prepared and submitted.

Once a free claim has been started, it is not replaced if it is not submitted, for example because its deadline passes.

The free claim has no cash value and cannot be transferred. We may withdraw it, or charge Commission on the Claim, if we reasonably believe it has been obtained by creating email domains or Accounts to claim it more than once.

To make Claims after the free claim, an owner subscribes by saving a payment method (card or Bacs Direct Debit) with our payment provider, Stripe. Railhop never sees or stores your card or bank details.

For each Claim submitted from your Workspace, you pay Commission at the rate shown on the pricing page, or at any rate we have agreed with you in writing, as a percentage of the value claimed. Unless the pricing page says otherwise, there is no monthly fee and no minimum charge.

The Commission on a Claim is fixed when the Claim is submitted: the compensation amount recorded for the Claim at submission, multiplied by the rate in force that day, rounded to the nearest penny. Commission is due whether or not the Operator pays, subject to the credits in clause 9.

We may change our standard rate by giving owners at least 30 days' notice by email. A new rate applies only to Claims submitted on or after the date it takes effect. A change never alters the Commission on Claims already submitted.

Commission is billed monthly in arrears. Shortly after the end of each calendar month, we issue an invoice through Stripe for the Commission on Claims submitted in that month, less any credits, and charge it automatically to your saved payment method. Each invoice is supported by a statement of the Claims it covers. If a month's total is zero or less, no invoice is issued and any credit is carried forward.

Prices on the pricing page, and Commission, are plus VAT if applicable. Railhop is not registered for VAT, so no VAT is charged. If Railhop registers for VAT, VAT will be added to Commission at the applicable rate from the date of registration, and we will tell owners by email before it applies.

If a payment fails, is reversed or cannot be collected, claiming (preparing, filling and sending Claims) is paused in the Workspace concerned until the invoice is paid. We will tell your owners, and Stripe may retry the payment. Uploading reports, seeing your eligible compensation, exports and the outcomes address continue to work while claiming is paused.

If a material amount you owe remains unpaid after we have given your owners notice by email that it is overdue, we may suspend the rest of the Service, other than access to export your data, or end the agreement under clause 16. We may charge interest and compensation on late payments under the Late Payment of Commercial Debts (Interest) Act 1998.

Owners can update or remove the payment method at any time. Removing it ends the subscription: claiming stops, but Commission on Claims already submitted remains payable and is invoiced in the usual way.

If you dispute an invoice, tell us in good faith within 30 days of its date at hello@railhop.app, with your reasons. You must pay any part that is not in dispute, and we will both try to resolve the dispute promptly.

If an Operator declines a Claim or pays less than the amount claimed, we credit Commission as follows:

1. (a)the Operator rejects the Claim, including where it says it has no record of the Claim: the full Commission on that Claim;
2. (b)the Operator pays less than the amount claimed: the difference between the Commission on the amount claimed and the Commission on the amount paid, at that Claim's own rate; and
3. (c)the Operator pays the full amount claimed or more: no credit.

To receive a credit, forward the Operator's decision email, unaltered, to your Workspace's outcomes address (shown in Settings) as an attachment, or by a mailbox rule that redirects it unchanged. It must reach us within 120 days of the Claim's submission. We check that the email was sent by the Operator and matches a Claim recorded in your Workspace.

An email we cannot verify automatically is reviewed by Railhop, which decides it reasonably. An acknowledgement that an Operator has received a Claim is not a decision. Where an Operator has not replied, no credit is given until it does; you may chase the Operator yourself and forward its reply.

A credit reduces the Commission on the Claim if its month has not yet been invoiced; otherwise it is applied to your next invoice and carried forward if it is larger. Credits have no cash value and are not refunded, except as clause 17 says on termination.

Claims that carried no Commission, such as the free claim, receive no credit.

For the personal data in your Customer Data, you are the controller and Railhop is your processor. The Data Processing Agreement sets out the terms on which Railhop processes it, as Article 28 of the UK GDPR requires, and forms part of this agreement. You accept it when your Workspace is created.

For your Authorised Users' accounts, billing, security and our own emails to your owners and admins, Railhop is a controller, as described in its Privacy Policy.

You are responsible for having a lawful basis to give us your Customer Data and for telling your Travellers that you use Railhop. The Privacy Policy has a section for them headed "If your employer uses Railhop".

You must upload only the data the Service needs, and must not upload special category data (for example, health information) or bank or card details.

Each of us will keep confidential any information the other discloses under this agreement that is marked as confidential or that a reasonable person would understand to be confidential, including your Customer Data and any rate we agree with you. Each of us will use it only to perform or receive the Service, and Railhop may also produce the anonymised, aggregated statistics that clause 12 allows.

Each of us may disclose confidential information to our employees, officers, contractors, sub-processors and professional advisers who need to know it and who are bound by duties of confidentiality, and where required by law, a court or a regulator.

These duties do not apply to information that is or becomes public other than through a breach of this clause, that the recipient already had or develops independently, or that it receives lawfully from someone else without a duty of confidence.

This clause continues for 3 years after the agreement ends. Personal data remains protected by the Data Processing Agreement for as long as Railhop holds it.

Railhop and its licensors own all intellectual property rights in the Service, including its software, the browser extension, the app, its content and the Railhop name and logo. While the agreement continues, we grant you a non-exclusive, non-transferable right for your Authorised Users to use the Service for your own internal business purposes under these terms.

You own your Customer Data. You grant Railhop a licence to use it only to provide the Service to you, as the Data Processing Agreement allows, and to produce anonymised, aggregated statistics from it, such as delay and compensation totals by Operator, route or month. Those statistics never identify your business, a Traveller or any other person, and Railhop may use and publish them, as it does in its public delay reports.

If you give us feedback or suggestions about the Service, we may use them without restriction or payment.

You must not, and must make sure your Authorised Users do not:

1. (a)use the Service unlawfully, or to make a claim that is false, duplicated or for a journey that was not made;
2. (b)use the Service to make claims for anyone other than your own business and its Travellers, or resell, sublicense or provide the Service to third parties, without our written agreement;
3. (c)automate the submission of Claims to Operators, or otherwise remove the step in which a person checks and submits each Claim;
4. (d)access or try to access another business's Workspace or data, test or bypass the Service's security, or interfere with its operation;
5. (e)copy, modify, decompile or reverse engineer the Service, except as the law allows;
6. (f)scrape the Service, overload it, or work around its usage limits;
7. (g)upload anything containing malicious code, or data you have no right to upload; or
8. (h)create Accounts, Workspaces or email domains to obtain more than one free claim.

We may hold Claims, restrict a feature or suspend an Account immediately if we reasonably believe this clause has been breached, or to protect the Service, Operators or other customers. We will tell you why unless the law prevents it.

We will provide the Service with reasonable care and skill and make reasonable efforts to keep it available. We do not promise that it will be uninterrupted or free of errors. We may suspend it briefly for maintenance, security or reasons outside our control.

The Service depends on third parties, including Operators' websites and claim forms, train running data and our hosting and payment providers. When an Operator changes its claim form, form filling for that Operator may not work until we update the Service, and we will do so within a reasonable time.

We may change, add or remove features of the Service. If a change materially reduces the Service you use, we will tell owners by email at least 30 days in advance, unless the change is required for legal, security or third-party reasons.

We may update these terms. We will email owners at least 30 days before an update that is material and adverse to you takes effect, and may ask an owner to accept the new version, which is recorded with your Workspace. If you do not agree to an update, you may end the agreement under clause 16 before it takes effect. Updates required by law may take effect sooner.

Nothing in these terms limits or excludes either party's liability for:

1. (a)death or personal injury caused by its negligence;
2. (b)fraud or fraudulent misrepresentation; or
3. (c)any other liability that cannot be limited or excluded under English law.

Nothing in these terms limits your obligation to pay Commission that is properly due.

Subject to clause 15.1, Railhop is not liable, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for:

1. (a)loss of profits, revenue, business, contracts, goodwill or anticipated savings;
2. (b)any compensation that is not claimed, not paid or paid late, including because a claim deadline passed, an Operator declined a Claim or an estimate proved wrong;
3. (c)the decisions, acts or omissions of any Operator, Traveller or other third party, or errors in third-party data, including train running data;
4. (d)loss or corruption of data, except our obligations under the Data Processing Agreement; or
5. (e)any indirect or consequential loss.

Subject to clause 15.1, Railhop's total liability arising out of or in connection with this agreement, including under the Data Processing Agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, is limited in each period of 12 months to the greater of £100 and the total Commission you paid to Railhop in the 12 months before the event giving rise to the claim.

Except as these terms expressly say, all warranties, conditions and other terms implied by statute or common law are excluded to the fullest extent the law permits.

You will compensate Railhop for reasonable losses, costs and expenses it incurs as a result of a claim by a third party (including an Operator or a Traveller) caused by journey data that you or your Authorised Users provided and that was false, or that you were not authorised to provide.

This agreement starts when you accept these terms and continues until it is ended under this clause. There is no minimum term.

You may end it at any time. An owner can stop claiming by removing the payment method, and can close a Workspace by emailing hello@railhop.app from the address on their Account. The agreement ends when your last Workspace is closed.

We may end it, or close a Workspace, by giving owners at least 30 days' notice by email.

We may end it, or suspend the Service, immediately by notice if:

1. (a)you commit a material breach of these terms that cannot be remedied, or that you do not remedy within 14 days of our notice asking you to;
2. (b)a material amount remains unpaid after notice, as clause 8.8 describes;
3. (c)we reasonably believe you have used the Service to make dishonest or fraudulent claims; or
4. (d)you become insolvent, enter administration or liquidation, make an arrangement with your creditors, or stop trading.

Access to the Service ends for your Authorised Users, and Claims that were sent to Travellers can no longer be submitted through Railhop.

Commission on Claims submitted before the end remains payable and is invoiced in the next monthly run, or in a final invoice. An Operator's decision email still counts after the agreement ends if it reaches us within 120 days of the Claim's submission, as clause 9 describes, and its credit is applied to that invoice or added to your credit balance. If a credit balance remains on Commission you have paid, we will refund it on request.

Before a Workspace is closed, owners can download its journeys and Travellers as CSV, or ask us for a copy of the Workspace's data in CSV. We delete the Workspace's personal data within 30 days of closing, except billing records, which we keep for 6 years for tax purposes, as the Data Processing Agreement describes.

Clause 8 (for amounts due), clauses 9, 10, 11, 12, 15, 17, 18, 19 and 20, and any other terms that by their nature should continue, survive the end of the agreement.

Notices to Railhop must be sent by email to hello@railhop.app, or by post to our registered office at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ.

Notices to you will be sent by email to the owners of your Workspace, at the addresses on their Accounts.

An email notice is treated as received when it is sent, if that is on a Business Day between 9:00 and 17:00 UK time, and otherwise at 9:00 on the next Business Day. A notice sent by first class post is treated as received on the second Business Day after posting.

This agreement is the entire agreement between us about its subject matter. Each of us confirms that it has not relied on any statement that is not set out in it, but nothing in this clause limits liability for fraud.

Neither of us is liable for a delay or failure caused by events beyond its reasonable control.

You may not transfer your rights or obligations under this agreement without our written consent. We may transfer them to an affiliate or to a successor of the Railhop business, and will tell owners if we do.

We may use subcontractors and sub-processors to provide the Service, as the Data Processing Agreement describes, and remain responsible for them.

Nothing in this agreement creates a partnership, joint venture or agency between us. No one other than you and Railhop has any right to enforce its terms under the Contracts (Rights of Third Parties) Act 1999.

If any provision is found invalid or unenforceable, the rest remains in force. A delay or failure to exercise a right is not a waiver of it.

This agreement, and any dispute or claim arising out of or in connection with it, including non-contractual disputes or claims, is governed by the law of England and Wales.

The courts of England and Wales have exclusive jurisdiction over any such dispute or claim.

Questions about these terms can be sent to hello@railhop.app.