Terms and Conditions

 

Eurailgroup.org (the “Site”) is a website owned and operated by Eurail Group GIE (“Eurail”, “we”, “us” or “our”). Please read these Terms and Conditions (the “Terms and Conditions”) fully and carefully before using the Site. These Terms and Conditions set forth the legally binding terms and conditions for your use of the Site and any services that may be offered through the Site (the “Services”).

1. Acceptance of Terms and Conditions.

a.  By using the Site and the Services in any manner, including but not limited to visiting or browsing the Site, you agree to these Terms and Conditions and all other operating rules, policies, and procedures that may be published from time to time on the Site by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you. You should review these Terms and Conditions periodically for changes.

b.  Some of the Services may be subject to additional terms and conditions specified by us or by the service provider, if different; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms and Conditions by reference.

2. Contents

The contents of this website are created with the greatest possible care. However, Eurail assumes no responsibility for the correctness, completeness and timeliness of the content provided.

3. Availability

Eurail will endeavour to offer Services to the customer as uninterrupted as possible. Even with all due care, downtime cannot be ruled out. Eurail reserves the right to change or discontinue its offers at any time. Eurail accepts no responsibility for interruptions or other disturbances.

4. Eligibility.

If purchasing Services, you represent and warrant that you are at least 18 years of age. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. The Services are offered only for your use, and not for the use or benefit of any third party.

5. Products and Services Sold Through Eurailgroup.org.

We expressly disclaim any responsibility for any losses, damages, inconveniences (including, without limitation, any and all delays, cancellations, and missed connections) or other concerns related to your purchase or attempt to purchase any tickets, other travel-related products or services, or any other product or service that may be accessed, made available, or disclosed through the Eurailgroup.org website.

6. Content.

a. Definition. For purposes of these Terms and Conditions, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services.

b. Notices and Restrictions. The Services may contain Content specifically provided by us or our partners, and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.

c. User License. Subject to these Terms and Conditions, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable, and non-transferable license to use (i.e. to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution, or storage of any Content for purposes other than using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.

d. Territorial Restrictions. The Eurailgroup.org website is controlled and operated by Eurail from its offices in the Netherlands. Eurail makes no representation that material available on the Eurailgroup.org website are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. If you choose to access our website from other locations you do so at your own initiative and are responsible for compliance with applicable local laws.

7. Rules of Conduct.

a. As a condition of use, you undertake not to use the Services for any purpose that is prohibited by these Terms and Conditions or otherwise illegal. You are responsible for all of your activities in connection with the Services. You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies.

b. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, or governmental request, (ii) enforce these Terms and Conditions, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security, or technical issues, (iv) respond to user support requests, or (v) protect the rights, property, or safety of us, our users, and the public.

8. Third Party Services.

The Services may permit you to link to other websites, services, or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.

9. Warranty Disclaimer.

We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding:

  1. Which users gain access to the Services;
  2. What Content you access via the Services; or
  3. How you may interpret or use the Content.

10. Indemnification.

You shall defend, indemnify, and hold harmless us, our affiliates, and each of our and their respective employees, contractors, directors, suppliers, and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from your User Content, violation of these Terms and Conditions, or infringement by you, or any third party using your identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defences.

11. Governing Law and Jurisdiction.

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Netherlands, including applicable EU law. In case of controversies, Eurail will make its best efforts to solve the matter amicably through its customer satisfaction services. Any eventual litigation shall be remitted to the exclusive competence of the courts of Utrecht.

12. Modification.

We reserve the right, in our sole discretion, to modify or replace any of these Terms and Conditions, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check these Terms and Conditions periodically for changes. Your continued use of the Services following notification of any changes to these Terms and Conditions constitutes acceptance of those changes, which will apply to your continued use of the Services going forward. Your use of the Services is subject to the Terms and Conditions in effect at the time of such use.

13. Miscellaneous.

a. Entire Agreement and Severability. These Terms and Conditions are the entire agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms and Conditions will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

b. Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

c. Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and Conditions and neither party has any authority of any kind to bind the other in any respect.

d. Notices. You agree that, unless otherwise specified in these Terms and Conditions, all communications under these Terms and Conditions will be made through email. Electronic notices should be sent to website@eurailgroup.org

e. No Waiver. Our failure to enforce any part of these Terms and Conditions shall not constitute a waiver of our right to enforce that or any other part of these Terms and Conditions. In order for any waiver of compliance with these Terms and Conditions to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

 

Contact. You may contact us at the following address:
P.O. Box 2112
3500 GC Utrecht
The Netherlands

Effective Date of Terms and Conditions: September 22nd, 2017

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