10Deemed contracts for provision of public passenger service

10 Deemed contracts for provision of public passenger service

10 Deemed contracts for provision of public passenger service

(1) This clause applies if a person (the passenger):

(a) uses an Opal card to access a public passenger service, or

(b) uses any other ticket to access a public passenger service and the purchase money for the ticket is payable to TfNSW (whether directly or under a passenger service contract with the operator of the service or under any other agreement), or

(c) uses an approved payment device to access a public passenger service.

(2) A contract between the passenger and the operator of the public passenger service for the provision by the operator to the passenger of transport by means of the public passenger service is taken to be formed when the passenger accesses the public passenger service.

(3) The contract:

(a) is taken to contain the conditions of travel for a passenger of the public passenger service and any other conditions that are applicable to that service under the Act or this Regulation, and

Note.

See clause 8 for conditions of travel.

(b) does not affect any contract between TfNSW and the passenger or any other person relating to other matters in respect of the purchase of the Opal card or ticket, and

(c) does not affect any conferral by TfNSW of an authority to travel.

(4) TfNSW is not, because of the issue of an Opal card or a ticket to a passenger for the purposes of the use of a public passenger service, because of the receipt of revenue from the issue of an Opal card or ticket or because of the payment of a passenger’s fare by way of an approved payment device:

(a) the operator of the public passenger service for the purpose of the provision of transport to the passenger, or

(b) a party to the contract established under subclause (2), or

(c) liable for any matter or thing done or omitted to be done by the operator of the public passenger service, or anything done or omitted to be done by a person acting under the direction of the operator, in respect of the provision of transport to the passenger, or

(d) liable with respect to the carriage of the passenger, or