Transport for LondonSchools and colleges
Terms and Conditions for 18+ Student Oyster photocard scheme 2009-2010
1. The duration of the scheme is 1 September 2009-14 October 2010
2. You are only eligible to register on the scheme if:
a) You directly provide full-time courses (a full-time course is a course of study that consists of at least 15 tuition-led and/or structured learning hours a week over a period of at least 14 weeks); or
b) You directly provide part-time courses over a period of at least 14 weeks to students who are in receipt of a fee grant, course grant or who are receiving help from the Access to Learning Fund, and who fall within the specific criteria stated in 'A guide to financial support for higher education students in 2009/2010' produced by the Department for Education and Skills; and
c) Your establishment is located in the London area or, if outside, you have students enrolled and attending courses who live in London but commute on a regular basis to and from your establishment
3. Scheme registration can only be made online. To register you must:
a) Provide details of up to five online approvers who will administer the scheme on your behalf, if you have not previously done so
b) Ensure that you have at least one valid Authorised signatory
c) Accept the Terms and Conditions of the 2009-10 scheme
d) Pay a non-refundable Registration fee of £5
4. An email confirming that your application for registration has been accepted will be sent to your primary contact
5. Transport for London (TfL) reserves the right to reject any application for registration. If your application for registration is rejected, TfL will inform you in writing along with the reason(s) for rejection
6. TfL will not be liable for any costs incurred in the making of an application for registration nor for any application that is rejected or delayed
7. If your application for registration is accepted and you have agreed to validate online applications you will be provided with access to a secure internet site for up to five nominated users to allow you to process applications in this way. On completion of your registration, TfL will provide you with 18+ Student Oyster photocard application forms, which must only be issued to students upon request and which must not be signed and/or dated by an Authorised signatory until fully completed by the student. Publicity posters will also be provided and these should be displayed at your establishment
8. You are asked to point out to students who wish to apply for the Student-rate travel concession, the relevant Terms and conditions of the 18+ Student Oyster photocard scheme as set out on TfL's website
9. Only nominated Online approvers will be able to authorise online applications. Only validated Authorised signatories are permitted to authorise 18+ Student Oyster photocard mail order application forms
10. TfL will reject student mail order applications that are authorised by persons other than Authorised signatories (or that are not authorised at all) and TfL will not be liable for any costs incurred by students in re-applying for the Student-rate travel concession because of rejection on such grounds
11. Before authorising an 18+ Student Oyster photocard application, the Online approver or Authorised signatory must be satisfied that the relevant student is registered at your establishment and is:
a) 18 years of age or over and enrolled on a full-time course consisting of at least 15 tuition-led and/or structured learning hours a week over a period of at least 14 weeks; or
b) A part-time student aged 18 years of age or over who is enrolled on a part-time course lasting for a period of at least 14 weeks, is in receipt of a fee grant, course grant or receiving help from the Access to Learning Fund, and who falls within the specific criteria as stated in the attached extract taken from a guide produced by the Department for Education and Skills:
A guide to financial support for higher education students in 2009/2010 (PDF 58KB) or
c) A full-time postgraduate student (ie, studying or writing up for 15 or more hours per week); or
d) Working towards a research based degree, such as a PhD or MPhil
e) A Sabbatical Officer
You must take all reasonable steps to ensure that applications are only authorised in those cases where the student meets the eligibility criteria
12. TfL requires that each student must provide an enrolment number whether applying online or on a mail order application form. If an enrolment number is not provided as part of the application, the application will be rejected
13. If you become aware that a student who has applied for, or is in receipt of the Student-rate travel concession, is no longer enrolled and/or not attending your establishment or is otherwise ineligible to be in receipt of the Student-rate travel concession, you must immediately arrange for the student to be identified in your establishment's Student list held in your establishment's online account. TfL will then take steps to either stop their 18+ Student-rate travel concession or the 18+ Student Oyster photocard itself.
Prior to the end of the Spring term and/or at other times as TfL deems appropriate, TfL will notify you that your establishment's Student list held in your establishment's online account must be accessed and the details checked against your student records in order to identify which students, if any, are no longer attending your education establishment and are no longer eligible to the Student-rate travel concession. TfL will then take steps to either stop their Student-rate travel concession or the 18+ Student Oyster photocard itself.
Failure to comply with the above will constitute a material breach of the Terms and conditions of the scheme in accordance with Clause 21 and will result in your establishment's registration being revoked
14. You are expressly prohibited from charging students, either directly or indirectly, any fee in connection with the provision or operation of the scheme
15. You must maintain records to support the operation of the scheme including the validation of applications and the reporting of those no longer eligible, including (but not limited to):
a) The student's name
b) The title of the course that the student is enrolled on
c) The student's enrolment status
d) The date that the student's course is due to end
e) An auditable record of the individual student's attendance
16. You must maintain these records for the duration of the scheme and you must inform the relevant students that you are maintaining such records and that TfL and/or its agents may refer to such records and your establishment's records of enrolment for the purposes of the operation of the scheme
17. These records must be available to all Online approvers and Authorised signatories to enable them to validate applications and make drop-out returns
18. TfL has the right to audit any and all such records at any time while you are registered on the scheme for the purposes of monitoring your compliance with these Terms and conditions. TfL will give you reasonable notice, in writing or verbally, of its intention to undertake such an inspection, audit or check and you will allow a TfL authorised representative (or representatives), at any reasonable time, to undertake any such inspection, audit or check of such records
19. You must provide TfL with all reasonable co-operation in relation to any inspection, audit or check including:
a) Granting access to any relevant premises; and
b) Making any records available for inspection and providing copies of such records if requested
20. Any reference to the scheme in your promotional or publicity material must fully acknowledge that the scheme and any other associated Student-rate travel is operated by and provided by TfL. Such material must not imply in any way that the scheme and/or the 18+ Student Oyster photocard concession is operated or provided by your establishment
21. You must advise TfL immediately where there is any change to the primary contact and/or secondary contact details of your establishment or where there is any change to your establishment's address(es). If you need to change details of your Online approvers or change any Authorised signatories, or the signatures themselves need to be changed, please contact TfL before authorising applications
22. If at any time during the duration of the scheme you become aware that you are no longer eligible to be registered on the scheme, you must notify TfL immediately in writing and your registration will be revoked
23. TfL reserves its right to revoke your registration under the scheme following a breach of any of these Terms and conditions. TfL will notify you in writing of the reasons for any such revocation
24. A breach of the material Terms and conditions could result in the immediate revocation of your registration. Consistent breaches of any other Terms and conditions, despite warnings, could also result in the immediate revocation of your registration
A material breach under this agreement will involve the following:
a) Pre-dating and/or pre-signing 18+ Student Oyster photocard mail order application forms or leaving them undated
b) Providing the 18+ Student Oyster photocard concession to students not registered at your establishment, or otherwise ineligible
c) Illegal and unauthorised charges to students for the provision of the Student-rate travel concession
d) Consistent failure to comply with notices or warnings issued by TfL or its Agents in connection with the verification of the status of your establishment or students including TfL requests for you to fully complete drop-out returns
e) Any other fraud against the 18+ Student Oyster photocard scheme
If you are found to have committed a material breach and your registration is revoked, you will be unable to offer the Student-rate travel concession to new applicants and you must within 21 days of your revocation remove all notices, advertisements and/or leaflets, electronic or otherwise, of all references to the 18+ Student Oyster photocard scheme.
You must contact all existing 18+ Student Oyster photocard holders at your establishment to inform them of the revocation and advise them that the Student-rate travel concession on their 18+ Student Oyster photocard or the photocard itself may be stopped.
Where existing students are allowed to retain their Student-rate travel concession until the expiry of the original period of issue, they will be unable to make further applications to renew or extend their Student-rate travel concession through your establishment.
If your establishment is involved in any criminal activity leading to a criminal investigation or your licence to trade is revoked, you must inform TfL immediately
25. TfL's rights under Clause 21 are without prejudice to any other right of action or remedy, which has accrued or shall accrue to TfL
26. You shall comply with all your obligations under the Data Protection Act 1998 (DPA) and when processing personal data (as defined in the DPA) on behalf of TfL, you shall only act in accordance with instructions from TfL. You shall take appropriate technical and organisational security measures against unauthorised or unlawful processing of such personal data and against accidental loss, destruction of, or damage to such personal data
27. Your registration on the scheme shall automatically expire on 14 October 2010 unless renewed or revoked earlier in accordance with these Terms and conditions
28. Subject to Clause 26, no third party has any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms and conditions notwithstanding that any such term or condition may purport to confer or may be construed as conferring a benefit on such third party. This does not affect any right or remedy of such third party, which exists or is available apart from under that Act
29. The Contracts (Rights of Third Parties) Act 1999 applies to the effect that TfL and/or any of its subsidiaries from time to time have the right to enforce any of these Terms and conditions to the extent that such Terms and conditions confers a benefit or purports to confer a benefit on that body
30. These Terms and conditions shall be governed by and construed in accordance with English Law and are subject to the exclusive jurisdiction of the English Courts
