44. Circumstances that are within a Train Companys control
For the purposes of Conditions 42, 43 and 52, circumstances that are within a Train Companys control include the negligent or wilful acts or omission of its, or a Rail Service Companys, staff or agents.
45. Circumstances that are not within a Train Companys control
For the purposes of Conditions 42, 43 and 52, circumstances that are not within a Train Companys control include:
- acts or threats of vandalism or terrorism;
- suicides or accidents involving trespassers;
- gas leaks or fires in lineside buildings not caused by a Train Company or a Rail Service Company or any of their staff or agents;
- line closures at the request of the police or emergency services;
- exceptionally severe weather conditions;
- riots or civil commotion; and
- fire, mechanical or electrical failure or a defect (except where this is caused by a Train Company or Rail Service Company or their staff or agents, or as a result of the condition of a Train Companys trains).