Tickets and exemption clauses

Wolfe Tone

"Issued subject to the Companys conditions. Non transferable. A return ticket is not valid for two journeys in same direction from issue point. Luggage at owners risk and under limited liability. Buy online at www.buseireann.ie" Thats what I read on the back of my ticket last week.


Now I assume that BE have a whole host of exemption clauses off written down somewhere. Is "subject to companies conditions" sufficient notice to these? Would it not need to say where I can view these conditions etc?


And does notice not have to be given before the contract forms(when I put the cash in the machine/give to driver)? For example in Olley v Marlborough hotel: the plaintiff paid in reception, goes upstairs, sees poster of exemption clauses, they were not binding.

Any thoughts?

bath handle

It was litigated before. The ticket referred to conditions in a bus timetable. That was held to be sufficient notice of the conditions. The judge said it might be different if a bus timetable had been asked for and none was available. Seems the onus is on the passenger to ask for a printed copy of the conditions.

dermot_sheehan

Also for CIE, they're conditions of travel and bye laws are issued in a statutory instrument so that provided the instrument was published in accordance with the terms of the Statutory Instruments Act, a person would be deemed to have notice of them.