Terms and Conditions

• "Customer" means the importers, exporters, shippers, forwarders or other individuals or entities who use the Platform to request transportation services for their containers.
• "Hosting Entity" means the Peninsular and Oriental Steam Navigation Company, a company incorporated in England and Wales with company number ZC000073, whose registered office is at 16 Palace Street, London, SW1E 5JQ, United Kingdom which is responsible for hosting, managing, and maintaining the infrastructure that supports the Platform.
• "Platform" means the DP World Rail website, application, or any other online platform hosted by the Hosting Entity, through which these Services are provided, currently located at rail.dpworld.co.uk.
• "Privacy Policy" means the document that outlines how the Platform collects, uses, stores, protects, and shares your personal information when you access or use our online platform. By using the Platform, you agree to the terms outlined in this Privacy Policy.
• "Railway Operator" means the authorized entities which provide rail transportation services for containers through the Platform.
• "Railway Operator Terms and Conditions" means the terms and conditions of the relevant Railway Operator which have been previously agreed to or accepted by the customer by email or otherwise, as updated from time to time.
• "Rail Transportation" means the transportation services for containers by rail provided by the Railway Operator.
• "Services" means the services provided by the Platform, including but not limited to connecting Customers with Railway Operators and facilitating the booking of Rail Transportation.

2.1 Account Creation:

To access certain features of the Platform, you may be required to create an account. You are responsible for providing accurate and complete information and maintaining the confidentiality of your account credentials. You are also responsible for all activities that occur under your account.

2.2 Use of Services:

Customers may use the Platform to request Rail Transportation and connect with Railway Operators. Railway Operators may use the Platform to offer and provide Rail Transportation. The Platform is a facilitator only and does not itself provide Rail Transportation or any other services.

3.1 Booking Process:

Customers may request Rail Transportation by submitting details of their container and transport needs through the Platform. Railway Operators will then have the opportunity to accept or decline the booking request.

Railway Operators provide schedules in good faith and reserve the right to make changes to or modify confirmed bookings at any time prior to departure of the rail service.

The Customer authorises the relevant Railway Operator to update data fields such as PINs or cargo weights in the Platform on their behalf. This in no way limits the Customer's responsibility to provide accurate and complete information regarding their booking on the Platform, or their responsibility for verifying their booking information as set out in this clause 3.1. The Customer should notify the Railway Operator of any inaccuracies as soon as possible. The relevant Railway Operator Terms and Conditions shall apply to the provision of this service by a Railway Operator.

Unforeseen circumstances can arise which impact the final load list of the relevant train. Should a container, that was previously accepted, be rejected, the rejection status will be updated on the Platform. Customers are encouraged to frequently check the status of their booking and should not rely solely on notifications from the Platform whether received on email, mobile devices or otherwise. Any rejected container will need to be reviewed and resubmitted by Customer. The Railway Operator Terms and Conditions will be applicable to any additional charges, costs or losses incurred by the Customer in such instance.

Cancellations can be made up until the relevant train is closed. Failure to do so will mean the container will be transported as originally planned. The Railway Operator Terms and Conditions are applicable to any additional charges, costs or losses incurred.

In the event that there is a request by a Customer to transport a container by truck that was previously accepted for rail, the Customer must cancel the booking before the train is closed.

3.2 Payment:

Payment for services is due as per the Railway Operator Terms and Conditions . By using the Platform, the Customer confirms that they have agreed to the billing rates set by the given Railway Operator for the set route via email or otherwise. Invoice generation will take place between Railway Operator and Customer directly and the Platform will merely be used as a point of reference of activities completed by the Railway Operator and the Customer.

4.1 Container Information:

Customers must provide accurate and complete information and documentation about the container to be transported, including weight, dimensions, nature, and any other relevant details. This information and/or documentation is subject to review by the Railway Operator. It is also the responsibility of the Customer to also verify container numbers.

4.2 Compliance:

Customers must ensure that the container / cargo being transported complies with all applicable laws, regulations, and safety standards, in addition to the Railway Operator Terms and Conditions.

5.1 Service Delivery:

Railway Operators are responsible for transporting the container in accordance with the Railway Operator Terms and Conditions. They must adhere to all applicable laws and regulations in the performance of their services.

5.2 Safety:

Railway Operators must take all reasonable precautions to ensure the safety and security of containers during transport.

6.1 Hosting Entity Liability:

The Hosting Entity is not responsible for the performance of the transportation services provided by Railway Operators. The Platform acts solely as an intermediary connecting Customers and Railway Operators.

Without derogating from the generality of the foregoing, in the event that certain bookings are not fulfilled by the Railway Operator, the Platform accepts no liability for any charges, costs, losses or damages incurred. The relevant Railway Operator Terms and Conditions will be applicable to any charges, costs, losses, or damages incurred including claims or damage to containers and/or goods in transit.

6.2 No Warranty:

The Platform does not guarantee the availability, quality, or suitability of the services provided by Railway Operators. All services are provided "as is" and without any warranties.

6.3 Downtime:

The Hosting Entity does not guarantee that the Platform will be available at all times or without interruptions. The Platform may be temporarily unavailable due to maintenance, system updates, technical issues, or other factors outside of the Hosting Entity’s control. The Hosting Entity does not assume any responsibility or liability for any downtime, interruptions, or loss of service.

6.4 Indemnification:

You agree to indemnify, defend, and hold harmless the Platform, the Hosting Entity, its affiliates, and respective officers, employees, and agents from any claims, damages, liabilities, or expenses arising out of or related to your use of the Platform, your violation of these Terms, or any violation of law or third-party rights.

7.1 Termination by Customer:

Customers may stop using the Platform at any time by closing their account or ceasing to make bookings.

7.2 Termination by Hosting Entity:

The Hosting Entity reserves the right to suspend or terminate your access to the Platform at any time, without notice, for any reason, including for breach of these Terms.

8.1 Privacy Policy:

The Platform collects and processes personal data in accordance with its Privacy Policy. By using the Platform, you consent to the collection and use of your data as described in the Privacy Policy.

8.2 Data Sharing:

The Platform may share customer and booking information with DP World Railway Operators, the Hosting Entity, its affiliates and other third parties only as necessary and in accordance with applicable laws, for the provision of services. This data will not be shared for marketing or sales purposes without the customer's explicit consent.

10.1 Governing Law:

These Terms will be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of laws principles.

10.2 Dispute Resolution:

By using the Platform, you agree that any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.