Terms & Conditions and Privacy Policy

1. Definitions and Interpretation

In these Terms, the following definitions apply:

• “App” means the DelayMate mobile application and any associated web services, available for download on iOS and Android platforms.
• “We”, “Us”, or “Our” refers to Aldemis Ltd, a company registered in England and Wales under company number 07331439, with its registered office at 86-90 Paul Street, London EC2A 3NE.
• “You” or “User” means any individual who downloads, installs, or uses the App.
• “Journey Data” means information relating to your rail journeys, including but not limited to departure and arrival stations, scheduled and actual times, route information, and location data collected by the App.
• “Claim” means a request for compensation or a refund submitted to a Train Operating Company (TOC) on your behalf in respect of a delayed or cancelled rail service.
• “Refund” means any compensation, refund, or payment received from a TOC in respect of a successful Claim.
• “TOC” means a licensed Train Operating Company operating passenger rail services in the United Kingdom.
• “Delay Repay” means the industry compensation scheme operated by TOCs for delayed rail passengers.
• “Service Fee” means any fee charged by Us in connection with the processing of Claims or Refunds, as set out in Section 7.

2. About the Service

2.1 What We Do

The App provides an automated service that tracks your rail journeys across the UK National Rail network, identifies eligible delays under the relevant TOC’s Delay Repay scheme (or equivalent compensation policy), and submits Claims on your behalf. Where Claims are successful, Refunds are processed through the App and paid to your nominated payment method.

2.2 What We Do Not Do

We are not a rail operator, travel agent, or regulated claims management company. We act as your authorised agent for the purpose of submitting delay compensation claims only. We do not guarantee the success of any Claim, as this is determined solely by the relevant TOC in accordance with their own policies and the National Rail Conditions of Travel.

2.3 Eligibility

To use the App, you must be at least 18 years of age, a resident of the United Kingdom, hold a valid bank account or payment method capable of receiving Refunds, and have a valid ticket for any journey in respect of which a Claim is submitted.

3. Account Registration

To use the App, you must create an account and provide accurate, complete, and up-to-date information, including your full name, email address, and payment details. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify Us immediately at delaymate@aldemis.com if you become aware of any unauthorised use of your account.

We reserve the right to suspend or terminate your account if we reasonably believe that the information you have provided is inaccurate, incomplete, or fraudulent, or if you are in breach of these Terms.

4. Journey Tracking and Location Data

4.1 How We Track Journeys

The App uses a combination of GPS location services, Wi-Fi positioning, and publicly available rail timetable and real-time performance data (including data from Network Rail, National Rail Enquiries, and TOC open data feeds) to detect when you are making a rail journey and to determine whether that journey has been delayed.

4.2 Location Permissions

For the App to function, you must grant permission for the App to access your device’s location services, including background location access. You may revoke location permissions at any time through your device settings, but doing so will prevent the App from tracking journeys and submitting Claims on your behalf.

4.3 Accuracy

While we take reasonable steps to ensure accuracy, journey detection relies on a combination of device sensors and third-party data sources. We do not guarantee that all journeys or delays will be detected or recorded accurately. You are responsible for reviewing and confirming journey details within the App before a Claim is submitted.

4.4 Manual Entry

You may also manually add journey details within the App. You warrant that any manually entered journey information is accurate and that you held a valid ticket for the journey in question.

5. Claim Submission

5.1 Automatic Claims

Where the App detects an eligible delay, it may automatically submit a Claim to the relevant TOC on your behalf, unless you have disabled automatic claim submission in your App settings. You will be notified via the App and/or email when a Claim is submitted.

5.2 Review Period

For automatically detected delays, we will provide you with a reasonable review period (as specified in the App, typically 24 hours) before the Claim is submitted, during which you may amend or cancel the Claim. Once a Claim has been submitted to a TOC, it cannot be withdrawn through the App.

5.3 Authorisation

By using the App, you authorise Us to act as your agent for the purposes of submitting delay compensation claims to TOCs, providing your personal and journey information to TOCs as required to process Claims, receiving correspondence and Refunds from TOCs on your behalf, and taking such other reasonable steps as may be necessary to pursue your Claim.

5.4 Duplicate Claims

You must not submit a claim directly to a TOC for any journey where a Claim has been or is being submitted through the App. Submitting duplicate claims may constitute fraud and could result in the termination of your account and the TOC rejecting future claims.

6. Refunds and Payments

6.1 How Refunds Work

Where a Claim is successful, the relevant TOC will issue the Refund. Refunds may be received as monetary compensation, rail vouchers, or other forms of credit depending on the TOC’s policies. We will pass monetary Refunds to you via your nominated payment method, less any applicable Service Fee.

6.2 Processing Times

We will use reasonable endeavours to process Refunds to you within 14 working days of receipt from the relevant TOC. Processing times may vary depending on the TOC and your payment provider. We are not responsible for delays caused by TOCs or third-party payment processors.

6.3 Non-Monetary Compensation

Where a TOC issues compensation in the form of rail vouchers or credits rather than a monetary payment, we will notify you and arrange delivery of such vouchers or credits through the App or by email. Service Fees may still apply to non-monetary compensation, as set out in Section 7.

6.4 Failed Payments

If a Refund payment to you fails due to incorrect or outdated payment information, we will hold the funds and notify you. You will have 90 days from the date of notification to update your payment details. After 90 days, unclaimed Refunds may be forfeited.

7. Fees and Charges

7.1 Service Fee

The App is free to download and use. We charge a Service Fee on successful Claims only, meaning you pay nothing if your Claim is unsuccessful. The current Service Fee is £1 + 10% of the Refund amount. The applicable fee structure is displayed in the App and may be updated from time to time.

7.2 Changes to Fees

We may change our Service Fee at any time by providing you with at least 30 days’ notice via the App or email. Any Claims submitted before the fee change takes effect will be subject to the previous fee. Continued use of the App after the fee change constitutes acceptance of the revised fees.

7.3 No Hidden Charges

Other than the Service Fee, we do not charge any additional fees for using the App. You are responsible for any data charges incurred by your mobile network provider in connection with your use of the App.

8. Your Obligations

You agree that you will only use the App for lawful purposes and in respect of genuine rail journeys for which you hold a valid ticket. You will provide accurate and truthful information at all times. You will not attempt to submit fraudulent, exaggerated, or duplicate claims. You will keep your account credentials secure and not share them with third parties. You will promptly update your account information, including payment details, if they change. You will comply with all applicable laws and regulations, including the National Rail Conditions of Travel.

9. Data Protection and Privacy

9.1 Our Commitment

We take the protection of your personal data seriously. We process your personal data in accordance with the UK General Data Protection Regulation (UK GDPR), the Data Protection Act 2018, and our Privacy Policy, which is available at [Privacy Policy URL] and forms part of these Terms.

9.2 What Data We Collect

In order to provide the Service, we collect and process the following categories of personal data: identity data (name, email address), payment data (bank account or payment card details, processed via our secure payment provider), journey data (location data, journey times, stations visited), device data (device identifiers, operating system, App usage data), and claim data (claim history, correspondence with TOCs, refund amounts).

9.3 Legal Basis for Processing

We process your personal data on the following legal bases: performance of our contract with you (these Terms), your consent (for location tracking and marketing communications), our legitimate interests (fraud prevention, service improvement), and compliance with legal obligations.

9.4 Location Data

Location data is classified as special category data when combined with journey patterns. We process this data only with your explicit consent, which you grant when enabling location permissions. You may withdraw consent at any time by disabling location services, though this will limit the App’s functionality.

9.5 Data Sharing

We share your personal data with TOCs (as necessary to submit and process Claims), payment processors (to process Refunds), cloud hosting providers (for data storage and processing), and analytics providers (in anonymised or aggregated form only). We do not sell your personal data to third parties. A full list of our data processors is available in our Privacy Policy.

9.6 Data Retention

We retain your personal data for as long as your account is active and for a period of 6 years thereafter (in line with the UK limitation period for contractual claims). Journey and location data that is no longer needed for active claims will be anonymised or deleted within 12 months.

9.7 Your Rights

Under UK GDPR, you have the right to access your personal data, rectify inaccurate data, request erasure (subject to legal retention requirements), restrict processing, data portability, object to processing, and withdraw consent. To exercise any of these rights, please contact us at delaymate@aldemis.com. We will respond within one calendar month. If you are not satisfied with our response, you have the right to lodge a complaint with the Information Commissioner’s Office (ICO).

10. Intellectual Property

All intellectual property rights in the App, including its design, code, content, and branding, are owned by Us or our licensors. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the App for your personal, non-commercial use in accordance with these Terms. You must not copy, modify, distribute, reverse-engineer, or create derivative works from the App or any part of it.

11. Limitation of Liability

11.1 Service Provided “As Is”

The App and the Service are provided on an “as is” and “as available” basis. While we endeavour to ensure the App is available and functioning at all times, we do not guarantee uninterrupted or error-free operation.

11.2 Limitation

To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, whether or not we have been advised of the possibility of such damages. Our total aggregate liability to you in respect of all claims arising under or in connection with these Terms shall not exceed the total amount of Service Fees paid by you in the 12 months preceding the claim.

11.3 Exclusions

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law, including your statutory rights under the Consumer Rights Act 2015.

11.4 TOC Decisions

We are not responsible for any decision made by a TOC to accept, reject, or partially accept a Claim. The outcome of any Claim is solely at the discretion of the relevant TOC, and we accept no liability for rejected or reduced Claims.

12. Disclaimers

We do not guarantee that all eligible delays will be detected by the App. Journey tracking depends on device capabilities and connectivity. Third-party data sources, including timetable and delay data, may contain inaccuracies. TOC compensation policies may change without notice to Us. Claim processing times are determined by the relevant TOC and are outside our control.

13. Termination

13.1 By You

You may terminate your account at any time by using the account deletion function within the App or by contacting us at delaymate@aldemis.com. Termination will not affect any Claims already submitted or Refunds in transit.

13.2 By Us

We may suspend or terminate your account immediately if you breach these Terms, we reasonably suspect fraudulent activity, you submit false or misleading claim information, or your account has been inactive for more than 24 months.

13.3 Effect of Termination

Upon termination, we will process any pending Refunds owed to you (less applicable Service Fees), cease processing any Claims not yet submitted to a TOC, retain your data in accordance with our Privacy Policy and Section 9.6, and provide you with a copy of your data upon request (within 30 days of termination).

14. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes at least 30 days in advance via email or in-App notification. Continued use of the App after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree with any changes, you should stop using the App and delete your account.

15. Complaints and Disputes

15.1 Complaints

If you have a complaint about the Service, please contact us at delaymate@aldemis.com. We will acknowledge your complaint within 2 working days and aim to provide a full response within 14 working days.

15.2 Alternative Dispute Resolution

If we are unable to resolve your complaint, you may be entitled to use an alternative dispute resolution (ADR) service. Details of any applicable ADR provider will be provided during the complaints process.

16. Governing Law and Jurisdiction

These Terms are governed by the laws of England and Wales. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales. Nothing in these Terms affects your statutory rights as a consumer.

17. Contact Information

If you have any questions about these Terms, please contact us:

• Company Name: Aldemis Ltd
• Registered Address: 86-90 Paul Street, London EC2A 3NE
• Email: delaymate@aldemis.com
• Data Protection Officer: delaymate@aldemis.com
• Company Registration Number: 07331439

By creating an account and using the App, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions and our Privacy Policy.