Recent examples of our experience include:

  • Substantial experience of dealing with the full range of commercial contracts specific to the rail industry, both regulated and unregulated, including track access agreements, depot access agreements and station access agreements, as well as train operation agreements, inter-TOC agreements and rolling stock sub-leasing.
  • Ticketing Terms and Conditions: We have advised and drafted terms and conditions for ticket sales for Train Operating Companies and National Express Ltd and Eurolines , including on-line sales, corporate accounts, and season tickets.
  • Ticketing and Settlement Agreement: We have been involved in advising on specific issues relating to various parts of the Ticketing and Settlement Agreement run by Rail Settlement Plan, such as drafting of Schedule 26 licences and appointment of third party retailing agents, LENNON Charges, creation of fares and associated revenue allocation and sharing, web retailing and compliance with ATOC codes, ticketing vending machines and data supply, ticket sales conditions and integration with the National Conditions of Carriage, lead retailer issues, and ability to charge credit card and booking fees.
  • Station Ticket Machines: We led contractual negotiations for the supply by a supplier of ticket vending machines at stations of various TOCs, including development of the ticket vending machines to support Ticket on Departure (TOD) and Chip and Pin.
  • Ticket Vending Machines: We have drafted a Framework Supply Agreement for the design, development and implementation of these systems at stations.
  • Gating: We have led contractual negotiations on two occasions now for the
    procurement of gating equipment at principal stations and the financing of the
    transaction through sale and leaseback arrangements.
  • Qjump (Online Ticket Retailing): We advised on the creation of Qjump out of Midland Mainline, Qjump being an online-ticket retailer. This project included a review of the interaction with the Ticketing and Settlement Agreement and in particular the Schedule 26 licensing regime as well as drafting outsourcing agreements. Subsequently we advised on the disposal of Qjump;
  • Newspaper Distribution: We drafted an agreement for the distribution of free newspapers on a TOC's trains.
  • Television Installation Concession: Advising a client proposing to install and operate entertainment systems on board trains and coaches transmitting through a TV system. This involved drafting the template form of concession agreement between the client and prospective TOCs, and leading subsequent negotiations with them (including in respect of revenue sharing arrangements). The scope of work extended to advising and negotiating on equipment supply arrangements plus the supply of newsfeeds and other content to be displayed.
  • Taxi Ranks: We have drafted our own taxi rank form of agreement for a TOC and
    assisted in negotiation of one-off bespoke arrangements at various stations.
  • Outdoor Advertising: Geldards led negotiations concerning contracts granting a
    station advertising concession in relation to all National Express TOC stations. This
    involved the drafting and preparation of separate concession contracts for each TOC
    and the consideration of end of franchise issues. Geldards also have separate
    experience of advertising agreements at a football stadium, and other venues.
  • Car Parking: We have drafted a number of concession agreements with various local authorities under which the local authorities assumed responsibility for station car parks. We have also drafted car park management agreements with revenue sharing provisions in respect of short stay car parks for an international airport.
  • Train Spare Parts: When National Express sought to replace the existing train
    operator spare part supply agreements, Geldards played a key role in the
    drafting of the invitation to tender, and the subsequent negotiation and drafting of a
    framework agreement and individual replacement spare part supply agreements for
    each of the National Express train operating companies, and its specialist maintainer,
    Maintrain Limited.
  • Ticketing - Avantix: We actively participated in the scoping, drafting and
    negotiation of the AVANTIX Framework Contract for the development and
    implementation of a new form of portable ticket vending machine for use on trains to replace SPORTIS and fares manuals. The project involved working alongside the
    clients chosen IT consultants to negotiate with the supplier for the development of the machine. Contracts included a master development and supply agreement and
    master support agreement, and a sub-contract template for the supply of the resulting system to affiliates of National Express.
  • Tribute (Ticket Office Ticketing): We led contractual negotiations between NX TOCs and ATOC / Tribute for the roll-out of Tribute ticketing systems to NX TOC ticketing offices.
  • E-Ticketing: We have advised on the design, development and implementation of an on-board E-ticketing system involving e-ticketing hardware and software and the use of “smart cards.”
  • Drivers’ Simulators: We advised on the development and supply of drivers’ simulators with bespoke track data.
  • Revenue Management: We advised on the development, implementation and supply of revenue management systems enabling optional use and allocation of seating on trains.
  • Remote Asset Management System: We advised on the development and supply of a remotely hosted asset management system to facilitate the redelivery of rolling stock.
  • We have provided advice to one of the leading suppliers of manpower and track lighting and welding service to the rail industry on numerous bespoke contracts for the supply of services as sub-contractor to leading rail engineering contractors as well as Network Rail, together with various sets of general terms and conditions.
  • Major German Developer: Advising the subsidiary of a major German developer and supplier of ticketing systems to the Nottingham Tramlink as well as a major municipal bus operator.
  • Midland Mainline: Successfully represented throughout the Office of the Rail Regulator dispute resolution process and subsequent judicial review proceedings relating to the refurbishment of St. Pancras Station in London, enabling MML to retain £20 million of compensation and recover 97% of its legal fees;
  • Successfully defended Maintrain Limited against claims for £500,000 by Blue Diamond for alleged unlawful deduction of wages.
  • Disability Discrimination: We acted for a TOC in proceedings in the High Court and Court of Appeal arising out of access issues at Derby station.
  • We successfully defended Central Trains in respect of a Noise Abatement Order.
  • Successful Defence: We defended claims brought against NX for £50,000 for damages for breach of contract, duty and harassment brought by passengers in respect of alleged invalid Penalty Fare notices highlighting potential ambiguities in the Oyster card system when read alongside the National Rail Conditions of Carriage.
  • We have investigated TOC rights against ROSCOs in respect of problems with wheel/ track contact which caused "squealing" following the service of a noise abatement notice from the environmental department of the relevant local authority.
  • We advised on the procedure to be followed for the settlement of disputes in accordance with the Railway Industry Dispute Resolution Rules.
  • Advising on the interpretation of "rent free periods" under a rolling stock lease amendment agreement consequent to the carrying out of enhancement works, to ensure the consistent flow of risk through the contractual chain.
  • Data Systems & Solutions: Acted for the supplier in defence of a £15m Technology & Construction Court claim arising out of the development of safety critical software for use on London Underground; the claim, which involved complex issues of quality and delay, was eventually resolved on a walk‐away basis following mediation.
  • Well‐known international budget airline: Pursuing a claim for damages against a ground maintenance firm for illegally clearing an aircraft for flight notwithstanding structural damage to the airframe had been sustained through connecting the air‐bridge with excessive force at Paris CdG airport.
  • We advised a leading supplier and refurbisher of parts and assemblies for aircraft engines and their standard global terms and conditions of sale, hire and exchange of products.
  • Aerospace Product Manufacturer: We have provided advice on the terms of a supply agreement with a major Far Eastern provider of military aircraft products.

Share this page


RELATED

News

Geldards Recognises Top Law Student with Special Award
18/01/2016
One of the University of Derby’s highest achieving law students have been recognised with special award by Geldards.
more...

Blogs

Chairman's Blog - A Golf Instructor Saved My Life Tonight!
04/02/2016
Chairman, David Williams, considers life as outcomes – those that we want and those that we don’t want.
more...

MAIN CONTACTS

PARTNER

Michelle Craven-Faulkner

MICHELLE CRAVEN-FAULKNER

Partner, Derby

+44 (0)1332 378 391
email
more...