CONDITIONS OF CARRIAGE

1. CARRIER
The Carrier is Metrorail, a consumer brand of PRASA Rail Operations which is a division of the Passenger Rail Agency of South Africa (“PRASA”). Metrorail is responsible for providing commuter rail services within the Republic of South Africa.


2. INTERPRETATION
If the provisions of these Conditions of Carriage (“the Conditions or these Conditions”) are in any way inconsistent with the provisions of the Legal Succession Act 9 of 1989 (“the Legal Succession Act”) and any other applicable laws and regulations (“Legal Framework”), the provisions of the Legal Framework shall prevail.

The headings in these Conditions are for reference purposes only and shall not affect the interpretation of these Conditions of Carriage.

Unless these Conditions specifically impose any restriction or limitation on Metrorail, Metrorail may do anything which the Legal Framework empowers it to do.


3. APPLICATION OF THE CONDITIONS OF CARRIAGE
Commuters are conveyed subject to the terms and Conditions set out below, notwithstanding anything contained herein to the contrary.
These Conditions are applicable to all commuters unless they are inconsistent with the Legal Framework, in which event the Legal Framework shall prevail.

Unless otherwise provided in these Conditions, in the event of inconsistency between these Conditions and any other PRASA regulations or Metrorail regulations dealing with particular subjects, these Conditions shall prevail.


4. DISCLAIMER
Metrorail and PRASA as well as their shareholders, directors, officers, employees, agents or sub-contractors shall not be liable for loss, injury, loss of life, or damage caused to any person or property, except for loss, damages or injury resulting from wilful bad faith or gross negligence on the part of Metrorail.

This disclaimer applies to any commuter or any person entering PRASA’s premises and to the property owned by any commuter, whether such property is accompanied by a commuter or not.

“DISCLAIMER NOTICES”
“Metrorail and PRASA or their shareholders, directors, officers or employees or subcontractors or agents shall not be liable for any damages or loss to property or injury and loss of life caused to any person entering the premises, unless such loss, damage or injury was caused by gross negligence on the part of Metrorail.

Anyone entering PRASA premises does so at their own risk and neither Metrorail nor PRASA is liable for damage caused to the properties left unattended by anyone.

Commuters are required to obey all lawful commands and to comply with the provisions of section 12(1) of schedule 1 of the Legal Succession to the Transport Act 9 of 1989.


5. RIGHT OF ADMISSION
Metrorail reserves the right of admission to any of PRASA’s premises such as trains, coaches, carriages and stations. In the event that any person does not comply with these Conditions of Carriage, Metrorail may refuse the right of admission to such person.


6. RIGHT TO REFUSE CARRIAGE
Metrorail has a right to refuse carriage and cancel the journey of any commuter or any person on good grounds.

If in the opinion of Metrorail, the conduct of the commuter or the commuter’s continued presence may endanger person or property on the train coach or station or premises, or obstruct the officers, employees, or agents of Metrorail in performance of their duties; or

If the commuter fails to comply with any legal instructions of the officers, employees, or agents of Metrorail or behaves in a manner that causes discomfort to other commuters, then Metrorail may take such measures as it deems reasonably necessary.

Commuters’ misbehaviour may include, but is not limited to smoking, gambling, alcohol or drug consumption, or causing or potentially causing damage or injury to other commuters or persons.

To prevent continuation of such conduct, Metrorail may take, amongst others, the following measures:
  • restraint or arrest; and/ or
  • withdrawal or confiscation of the commuter’s ticket; and/or
  • imposing any fine or penalty.

Metrorail reserves the right to refuse onward carriage to any commuter or institute a claim for any loss and/or damages incurred as a result of the commuter’s misconduct.


7. PARKING
Parking at PRASA premises such as stations and any other property is solely at the owners risk on a first-come first-service basis. Metrorail or PRASA shall not be liable for any loss, damage or theft of any property of any vehicles and or its contents parked at or in its premises.

Metrorail reserves the right to charge any parking fees at the applicable rate as may be determined from time to time.


8. FARES, FEES AND OTHER CHARGES
Fares only apply for carriage from the point of departure to the point of destination. Commuter fares will be calculated in accordance with Metrorail Tariffs. All fares are subject to change. Metrorail will not be bound by any verbal quotation of fares provided to any person.


9. BOOKING FEES
Travelling without a valid ticket, or otherwise evading fares, is an offence. Metrorail reserves the right to prosecute any person found to have committed such an offence.

Such prosecution may take place in addition to the levying of the Booking Fees, as amended from time to time.


10. TICKETS

Buying Tickets
It is the commuter’s responsibility to ensure that the correct information is shown on a Metrorail ticket. When the commuter buys a Metrorail ticket, he or she must check whether the details shown on the ticket are correct. If the commuter discovers any discrepancy, he or she must immediately point out such discrepancies to the person who sold the ticket as Metrorail cannot correct mistakes later.

Non-transferability of a Metrorail Ticket
A Metrorail ticket is not transferable and may only be used by the person for whom it has been bought. It may not be resold or passed on to anyone.

A Metrorail ticket is valid only for the journey specified on the ticket and travel class specified thereon, in particular from the place of departure to the final destination. Any change of the journey requires the issue of a replacement ticket.

Inspections of Metrorail Tickets
Any commuter may at any time; either on entering or leaving a station or a train coach or during the trip be asked to produce his/her ticket to the satisfaction of a Metrorail official or duly-authorised security. A commuter must show and if asked to do so by Metrorail official or security, hand over the ticket for inspection. Such request may come from any duly-authorized employee or agent or official of Metrorail.

Validity of a Metrorail Ticket
A valid Metrorail ticket shall only be a ticket purchased from Metrorail ticket offices, portable ticket issuing machines, kiosk, agent or any dedicated ticket issuing machines.

Should the commuter stop, interrupt or deviate from the unbroken journey then a separate ticket at an appropriate fare for another journey will be required.

Alteration, Lost, Stolen or Damaged Ticket
A Metrorail ticket is a valuable document and commuters should take appropriate measures to safeguard it and ensure that it is not lost, damaged, or stolen.

Any alteration to a Metrorail ticket will render it invalid. Therefore any Metrorail ticket that has been spoiled or laminated or tampered with or altered in any way will not be valid for travel or any journey.

If any commuter is found to have damaged or tempered with or altered in any way a Metrorail ticket, he or she would be liable for prosecution.

Commuters should note that lost, damaged, or stolen tickets may be replaced at the sole and absolute discretion of Metrorail.

Inherent Risks
Any commuter who buys and uses a Metrorail ticket confirms that he or she has been given an adequate opportunity to read and understand the terms and conditions of the Conditions, including the risks involved. For example traveling on a train with doors open and/or moving between coaches when the train is in transit can lead to death or serious injury.

If commuters get injured or died as a result of trains operating with open doors, Metrorail and PRASA or their shareholders, directors, officers or employees or subcontractors or agents shall not be liable for any damages or loss to property or injury caused to any person or to any commuter travelling when doors are opened or to any commuter moving between coaches when the train is in motion.

Withdrawal or Confiscation of a Metrorail Ticket
Metrorail reserves the right to withdraw or confiscate tickets from any commuter if:
  • the commuter contravene any provision of these conditions of carriage or abuses the conditions set out from the tickets in their possession;
  • or in the opinion of Metrorail, the conduct of the commuter or the commuter’s continued presence may endanger fellow commuters or any person or property on the train coach or Metrorail station or premises, or obstruct the officers, employees, or agents of Metrorail in performance of their duties;
  • or the commuter fails to comply with any legal instructions of the officers, employees, or agents of Metrorail or behaves in a manner that causes discomfort to other commuters, then Metrorail may take such measures as it deems reasonably necessary. Expired tickets must be surrendered to Metrorail when requested.

Property of Metrorail
A Metrorail ticket remains at all times the property of Metrorail and must be handed in to Metrorail after completion of the ticketed journey or whenever the commuter is requested to do so.


11. PAYMENTS, CANCELLATIONS AND REFUNDS OF METRORAIL TICKETS
Cheques shall not be accepted as method of payment. Any refunds will be done in accordance with Metrorail’s refund policy as amended from time to time.

Tickets that are cancelled may be refunded, subject to applicable deductions and administration fees in accordance with the cancellation policy of Metrorail.


12. ACCESS TO STATIONS
Stations and platforms may only be accessed to and exited through a bridge, subway, lift, escalator, access control or any other authorized point. Access to and from platforms through railway tracks, the ends of platforms or through perimeter fencing is illegal. Any person who contravenes this condition will be liable for prosecution.


13. TIME TABLES AND SCHEDULES
Metrorail will make every reasonable effort to ensure connections between its services and to inform commuters if there are any delays and cancellations in the connection of its services.

Metrorail will give reasonable notice of changes to the timetable. Metrorail may cancel or change any of its services and will endeavour to give reasonable notice to commuters, without any liability.

Although Metrorail will make all reasonable effort to promote a good quality service and to keep to the timetable, no guarantee of exact timekeeping can be given.

No liability whatsoever will be accepted by Metrorail for any loss or damage incurred by any commuter, inconvenience experienced by any person resulting from a delay, or cancellation of any service for whatsoever reason.


14. FAILURE TO PERFORM, I.E. CANCELLATIONS OR DELAYS
Metrorail is not responsible for failure to perform, i.e. cancellations or delays, due to circumstances beyond its control, such as adverse weather conditions, unpredictable delays caused by traffic congestion, diversions or road works, criminal conduct by third parties, strikes, industrial disputes and regulatory requirements or acts of nature.

Metrorail is not liable to commuters for any loss arising from any failure or delay in performance or service delivery resulting from circumstances beyond its control, including delay or cancellation of any service for whatsoever reason.


15. ALTERNATIVE TRANSPORTATION IN CASES OF DELAYS OR DISRUPTIONS
Metrorail will endeavour to provide alternative transport to commuters where failure to perform due to extensive delays and cancellations caused by its own conduct.

In the event that alternative transport is provided, a Metrorail ticket shall be used and shall be valid for the journey that it was intended for when it was issued. No alternative transport will be provided to commuters not in possession of a valid Metrorail ticket for the route concerned.


16. COMMUTER’S CONDUCT
Commuters are required to obey any and all lawful commands and requests and to comply with all applicable laws, in particular the provisions of section 12(1) of schedule 1 of the Legal Succession Act (Act 9 of 1989) as amended from time to time.


17. SMOKING PROHIBITION, AND THE USE OF OTHER SUBSTANCES
Smoking is prohibited on PRASA premises such as trains, stations and PRASA premises in accordance with applicable legislation and regulations.
The use of narcotic or other drugs, including alcohol and marijuana (dagga) on Metrorail stations, trains and premises is not permitted.


18. INSTANCES WHERE COMMUTERS MAY BE PROSECUTED
Access to PRASA’S premises is regulated by Legal Succession Act (Act 9 of 1989) and any other applicable laws and regulations governing PRASA and Metrorail.

Contravention of this Legal Framework may result in prosecution or a fine or imprisonment or both fine and imprisonment.

Any commuter contravening, amongst others, the following offences may be prosecuted:
  • smoking or using banned substances in any place or premises or any vehicle under the control of Metrorail, where a prohibition notice has been affixed;
  • entering or leaving any train while it is in motion;
  • climbing into a moving train;
  • keeping train doors open while the train is in motion
  • travelling or any attempt to travel on or in any part of the train not intended for the use of the commuter;
  • wilfully carrying out of any act which will unreasonably inconvenience or endanger any commuter or staff member of Metrorail;
  • disobeying any reasonable instructions given by Metrorail or any official or employee or agent or subcontractor of Metrorail;
  • occupying a seat or entering a portion of the train which he or she is not authorized to occupy, by virtue of the ticket type held or otherwise;
  • ignoring any reasonable request of a Metrorail employee or any official or agent or subcontractor of Metrorail which is intended to maintain order or control in the train or Metrorail premises; and
  • any other offence listed in terms of section 12 of the Legal Succession Act 9 of 1989.
  • any person traveling without a valid ticket


19. INSURANCE
Metrorail does not provide general liability insurance cover for its commuters or their property. Commuters should ensure that they are properly insured, including their property.


20. CHILDREN
Children under the age of 6 years will not be transported unless accompanied by an adult. Children under 6 years of age may travel free of charge on condition that they are accompanied by an adult paying the full adult fare. This is not applicable to school or organised groups of children under the age of 6 years accompanied by a chaperone/s.

Children of 6 years and older, but under the age of 12 years shall pay 50% of the full applicable adult fare. Proof of identification may be required to verify the passenger’s age.

Exception: On Metrorail’s Business Express train services no discount will be granted to any child, irrespective of age. Such children will pay the normal adult fares.


21. SPECIAL ASSISTANCE
Metrorail is committed to making travel on the PRASA network as easy and comfortable as possible for everyone including passengers with special categories of need. Metrorail commits to provide assistance to passengers, who require special assistance at our stations, and on busses and trains.

Metrorail will also make journey forward arrangements to ensure smooth onward passage. Some main stations are fitted with lifts or ramps. Information on services available for persons with reduced mobility is available on our website or Customer Service help desks at stations.


22. PREGNANT WOMEN
Pregnant women travel and access PRASA’s premises at their sole risk.


23. PETS
No animals will be transported in Metrorail trains or be allowed on PRASA premises such as train coaches, carriages, stations and other property including train platforms and inside train couches, with the exception of a trained guide dog accompanying a blind or sight-impaired commuter. The dog will be allowed free passage with the blind or sight-impaired commuter.


24. COMMUTER BAGGAGE
As an urban commuter rail service, only personal baggage of commuters will be transported by Metrorail. Any such parcels or baggage transported by Metrorail must be capable of being held on the commuter’s lap, or stowed away underneath the seat or in the overhead shelves where available.

The commuters must be able to carry and handle their personal baggage without inconveniencing other commuters.

Unaccompanied baggage will not be carried.

Metrorail is not responsible whatsoever for loss or damage to commuter’s parcels or baggage so transported.

An additional charge may be levied as per pre-determined tariffs for bulky parcels or larger items.


25. PROHIBITED ITEMS
No weapons of any kind, including, but not limited to, firearms, knives, spears, knobkerries, sticks etc. are permitted on any PRASA premises such as train coaches, carriages, stations and other property including train platforms and inside train couches.

Harmful chemicals, explosives, animals, reptiles, combustible fluids or toxic substances are prohibited from PRASA premises such as train coaches, carriages, stations and other property including train platforms and inside train couches platforms, and any other place under the control of Metrorail.

No extra-large or bulky items may be transported, such as but not limited to bicycles, fishing rods, surf boards, abnormal boxes or perishables, unless prior arrangement is made with Metrorail.


26. RIGHT TO SEARCH
For safety and security reasons, Metrorail may conduct a search of its commuters and their baggage upon reasonable suspicion of a crime.


27. AMENDMENT AND WAIVER
No agent, employee or representative of Metrorail has any authority to alter, modify or waive any provision of these Conditions of Carriage. These Conditions represent a binding agreement between Metrorail and the commuter.