Rail Europe Site Terms of Use

RAILEUROPE TERMS OF USE


Dated as of October 15, 2008 [Last Updated September 15, 2011]

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY ASPECT OF THIS SITE.

Welcome to the RailEurope.com Site. The following are terms of a legal agreement between you and Rail Europe, Inc. (“Rail Europe”, “we”, “us”, or “our”). By accessing, browsing, using and/or submitting to the RailEurope.com site (“RailEurope.com Site”), you acknowledge that you have read, understood, and agree, to be bound by these terms and any amendments thereto (the “Terms of Use”), the terms of our Privacy Policy, and the terms of and conditions of the travel products and services sold on the RailEurope.com Site, which are incorporated by reference into these Terms of Use, and to comply with all applicable laws and regulations. If you do not agree to these Terms of Use, do not use the RailEurope.com Site.

Please return to the RailEurope.com Site and review these Terms of Use from time to time, as they may be amended without notice. Any changes to these Terms of Use will be effective immediately upon the posting of the revised Terms of Use on the RailEurope.com Site. Please note that your purchase of travel products and services is and your use of certain materials and features of the RailEurope.com Site may be subject to additional terms of Use. By making those purchases and using these materials and features, you also agree to be bound by such additional terms and conditions.

RAIL EUROPE AS DISTRIBUTOR; SELLER OF TRAVEL

Rail Europe is a distributor of products and services provided by third parties (“Suppliers”).  Rail Europe distributes its Suppliers’ products and services.  We are a registered seller of travel in each of the states listed below:
California (registration number: 2053098-20)
Washington (registration number: 601 486 663)
Florida (registration number: ST38042)
Registration as a seller of travel in California does not constitute that state's approval.

OUR SUPPLIERS AND THEIR PRODUCTS AND SERVICES ON THE RAILEUROPE.COM SITE

As a distributor of products and services provided by “our Suppliers”, the RailEurope.com Site offers for sale and contains information and advertising about products, services, events and/or programs, and links to other web sites that are not controlled or maintained by us. Each purchase of a Supplier’s travel product or service is subject to that Supplier’s rules and restrictions for each such product or service. Please review these rules and restrictions when you enter into transactions on the RailEurope.com Site. You are solely responsible for ensuring that your purchases with any Supplier abide by these rules and restrictions, including terms or condition of purchase set forth in the fare rules or contract of carriage.

You understand and agree that any violation of any such Supplier’s rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation. Rail Europe expressly disclaims 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 Rail Europe.com Site. Further, we will not be liable for any mistakes or incorrectness as to prices and conditions with respect to the use of any and all rail passes, tickets or any other product or service sold on the RailEurope.com Site. All products and services offered and prices are subject to change without prior notice.

Although most travel to the destinations offered by our Suppliers is completed without incident, travel to certain destinations may involve greater risk than others. We urge you to review travel prohibitions, warnings, announcements and advisories issued by the United States government prior to booking travel to international destinations. By offering of our Suppliers’ travel products and services for sale, we do not represent or warrant that travel to such points is advisable or without risk, and Rail Europe is not liable for damages or losses that may result from travel to such destinations.

You agree that your access to and interaction with rail-pass, ticket, and other travel-option and booking information available though the RailEurope.com Site is at your own risk, and Rail Europe will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any Supplier, including, without limitation, any travel and/or accommodations provider, and/or for any personal injuries, death, property damage, or other damages or expenses resulting from your use or access to any Supplier or any Supplier’s products and services.

MAKING PURCHASES, REGISTRATION AND YOUR DATA

You may make a purchase through the RailEurope.com Site as either or a guest or by registering with us. In either case, you will need to provide certain information required for traveling, including your name, a valid shipping address in the United States, your email address, as well as the names of anyone traveling with you. Depending upon the product you are purchasing, you may be required to specify the age group into which you (or your travel companions) belong. With respect to all information you provide to us during registration or at the time of a purchase, you agree to provide us with: (i) accurate, current and complete address, email address and other registration information, and (ii)  your valid payment information, including credit card numbers and expirations dates (all such foregoing information, collectively, “Data”).  You agree to maintain and update your registered Data in a timely manner to keep it accurate, current and complete.  You agree that we may update your Data with information your bank or credit card issuer may supply.

You may only make purchases via the RailEurope.com Site if, and you hereby represent and warrant that, you are domiciled in the United States and you are 18 years old or older and the age of legal majority in the jurisdiction where you reside. You agree to pay in full the prices and any applicable taxes for any purchases you make either by credit or debit card or other permitted payment method. If payment is not received by us from your credit or debit card issuer, you agree to pay all amounts due upon demand by us. Rail Europe reserves the right to restrict the use of debit cards for purchase in its sole discretion. Except for certain payment card transaction fees that Rail Europe may be responsible for directly to your payment card issuer, you are responsible for any fees or charges that your bank, credit card or debit card issuer may apply.

You agree that you will not allow others to use your registered account or Data, and you are solely and entirely responsible for maintaining the confidentiality and security of both. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account and you agree to immediately notify Rail Europe of any unauthorized use of your account or any other breach of security. Rail Europe shall not be responsible for any losses arising out of the unauthorized use of your account and/or Data, and you agree to indemnify, defend and hold harmless Rail Europe, its parent, subsidiary, affiliated and related companies, and each of its and their respective officers, directors, employees, representatives, contractors and agents for any claims, damages, costs, expenses or liabilities (including reasonable attorneys’ fees), resulting from or arising out of any improper, unauthorized or illegal uses of the same. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate Data, including, but not limited to, your failure to receive critical information about the RailEurope.com Site.

We may, at any time and in our sole discretion, with or without notice, cancel your account and disable your password in accordance with the terms set forth below (see Paragraph entitled “Use of the RailEurop.com Site and Content”). Further, our policy is to terminate members and accounts that have, or that we believe have, repeatedly or egregiously violated these Terms of Use.

PURCHASE AND TRANSACTION INFORMATION

For further information on the rules and restrictions associated with travel purchases, your rights and responsibilities as a travel customer, as well as our transaction policies, please use the Site Map to navigate to the applicable product terms, how to obtain required travel documents, ticket order, refund/exchange and shipping information, and for detailed contact information. If you do not find the answer there, you may call us at 1-800-622-8600. We also recommend that you read closely the ticket jacket enclosed with your purchase, which provides the unique terms for the purchased product.

SWEEPSTAKES, CONTESTS, GAMES, PROMOTIONAL OFFERS

Any sweepstakes, contests, games and/or promotional offers accessible on the RailEurope.com Site are governed by specific rules and/or terms and conditions (which are hereby incorporated into these Terms and Conditions by reference). By entering such sweepstakes or contests or participating in such games or promotional offers, you will become subject to those rules. We urge you to read the applicable rules and/or or terms and conditions, which are linked from the particular activity.

PROMOTION CODES/COUPON CODES

  1. Valid only for Online purchases, may not be used over the phone.
  2. One (1) coupon/code per purchase, per customer.
  3. Can not be sold or bartered, non transferable, no cash value, and cannot be exchanged for cash.
  4. To receive value of discount, the valid code must be entered in the Promotion Code/Coupon Code link on the payment page. If code is not entered the coupon cannot be redeemed and has no value. Due to technical problems, if the code is not accepted or Coupon link is not present, you have the right to not purchase the product, but in no circumstances will the credit be applied after purchase is made.
  5. Offer may be revised or withdrawn any time without notice, even if other sites are displaying the coupons.
  6. For all technical errors there is no recourse, you have the right to not make the purchase.
  7. If the discount is not applied due to any reason on the checkout/credit card page, the credit/discount value is lost and can not be applied later.
  8. If the offer is withdrawn, the Promo Code/Coupon Code becomes invalid and the system will not accept the code when entered. This is final and you have the right at that point to continue with original price or not continue with purchase.
  9. The final price displayed with or without Promo Code/Coupon Code will be the amount billed/charged and there will be no credits/discounts applied after purchase for absolutely any reason.
  10. Coupons are valid for limited time only as indicated.
  11. RAIL EUROPE, INC. MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO COUPONS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EXCEPTIONAL EVENT A COUPON IS NOT FUNCTIONAL, YOUR SOLE REMEDY, AND THE SOLE LIABILITY OF RAIL EUROPE SHALL BE THE REPLACEMENT OF THE NON-FUNCTIONING COUPON.
  12. Rail Europe, Inc. reserves the right to change these Terms and Conditions from time to time in its sole discretion. Void where prohibited by law.
  13. Hotels are excluded from any and all promotions and/or sweepstakes, unless otherwise indicated.

PRIVACY

We are committed to respecting your privacy and protecting your personally identifiable information. Any information we may collect through your use of the RailEurope.com Site is subject to our Privacy Policy, which is expressly made part of these Terms of Use. The Privacy Policy discusses more fully the uses of your Data, collection of information if you do not make a purchase, and the applicability of this site to children. We may use or disclose information about you or your RailEurope.com Site use as is permitted by the Privacy Policy, to protect our business interests, in cooperating with law-enforcement investigations, and according to and to enforce these Terms of Use. We reserve the right to modify the Privacy Policy at any time, so please review it frequently on the RailEurope.com Site.

PROPRIETARY RIGHTS

All materials on the RailEurope.com Site, including, without limitation, names, logos, trademarks, service marks, trade names, images, text, columns, graphics, photographs, illustrations, artwork, software, clips and other elements making up the RailEurope.com Site (collectively, “Content”) are protected by copyrights, trademarks and other intellectual property rights owned and controlled by us or by other parties that have licensed or otherwise provided their material to us. The Content is protected by law, including, but not limited to, United States Trademark and Copyright Laws, international treaties and conventions, and other intellectual-property laws. Further, the RailEurope.com Site is also copyrighted as a collective work under the United States and other international copyright laws, and the selection, coordination, arrangement and enhancement of such content are protected by copyright.

All rights not expressly granted to you in these Terms of Use are reserved to Rail Europe and/or our business partners, parents, subsidiaries, affiliates, Suppliers or the party that may otherwise be credited on the RailEurope.com Site as the provider of such materials or Content. You acknowledge that you do not acquire any ownership rights by downloading or printing copyrighted material as permitted by these Terms of Use. You may not add, delete, distort, use, copy, reproduce, republish, upload, post, transmit distribute or modify the Content in any way, in whole or in part, including in advertising or publicity pertaining to distribution of materials on the RailEurope.com Site, without the express, prior written consent of Rail Europe or the otherwise applicable owner. Any unauthorized attempt to do any of the foregoing without such consent, including, without limitation, the use of any Content on any other website or networked computer environment, any attempt to defeat or circumvent our security features, and/or to utilize the RailEurope.com Site or any part of the Content for any purpose other than its intended purposes, is and are strictly prohibited.

In addition to the Suppliers’ products and services, the RailEurope.com Site includes materials provided by such Suppliers, which is owned by or licensed to us by them. Such Suppliers’ company and product names are trademarks or service marks of the respective Supplier. All other marks are trademarks or service marks of Rail Europe, Inc. or its parent, subsidiary and/or affiliated companies.

USE OF THE RAILEUROPE.COM SITE AND CONTENT

You agree that you are using the RailEurope.com Site and Content for your own personal, non-commercial use, and not for transfer, assignment, resale, sale, lease, sublicense, rental, promotion, advertisement, redistribution or any other commercial use of any kind. In addition, you agree that you will not: (i) interfere or attempt to interfere with the proper working of the RailEurope.com Site, attempting to interfere with the RailEurope.com Site by submitting viruses, forging TCP/IP packet or other header information; flooding, spamming, mail bombing, or attempting to overload or crash the RailEurope.com Site; or by taking any action that may impose an unreasonable or disproportionately large load on the infrastructure supporting the RailEurope.com Site; (ii) attempt to decipher, decompile, decrypt, reverse engineer, or disassemble any of the software comprising or making up the RailEurope.com Site or the Content; (iii) remove any proprietary notices or labels, or any promotional or advertising material, from the Content; (iv) insert your own or a third party’s advertising, branding or other promotional content into any of the Content, materials or other features of the RailEurope.com Site; (v) impersonate any person or entity or misrepresent your affiliation with any other person or entity (including, without limitation, anyone from or associated with Rail Europe); (vi) frame, embed or link to any of the Content, materials or information available on or from the RailEurope.com Site other than as expressly permitted by these Terms of Use; and/or (vii) use the RailEurope.com Site or any Content in violation of any applicable law.

Rail Europe reserves the right to enforce these Terms of Use with or without notice to you. We may, in our sole discretion, terminate these Terms of Use or terminate or suspend your access at any time without notice to you in the event that you breach (or we reasonably suspect that you have breached) any provision of these Terms of Use, engage in conduct which Rail Europe determines in its sole discretion is not in the best interests of Rail Europe or any other party; or you violate applicable laws. If Rail Europe terminates these Terms of Use, and/or terminates or suspends your access, you agree that Rail Europe shall have no liability or responsibility to you whatsoever.

LINKED SITES AND LINKS

Certain of the links we make available on RailEurope.com Site will direct you out of the RailEurope.com Site to a third-party site. You agree that we will not be responsible for, and do not endorse, the information, content, advertising, privacy policies, products, services, events, programs, code, and/or other materials on such linked web sites, whether or not Rail Europe is affiliated with the sponsors or operators of such sites or services. We encourage you to note when you leave the RailEurope.com Site. You should read and abide by all terms of use and privacy policies on any linked sites you access.

We appreciate linked referrals to our website, but require that you abide by our guidelines for trademark usage, standards of privacy of our customers, and other policies that we may set. As such, if you do create or intend to create a link to the RailEurope.com Site from another website or page, you must notify us first by providing your site or page address and complete, accurate contact information (as well as any subsequent changes to the same) in an email to the following: affiliatelinks@RailEurope.com. You agree that you remain subject to these Terms of Use, as well as the policies and guidelines we set from time to time. Further, in no event may your linked website or page appear to be sponsored, owned, managed or otherwise endorsed by us, including the prominent use of our marks such that it appears to be a Rail Europe site. Rail Europe prohibits the use of any of its trademarks, service marks and/or trade names as a “hot” link on, or to, any other website unless the terms of such linking relationship and the use of such marks and/or names have been established and continue to exist according to the foregoing terms. Rail Europe reserves the right to demand, and you so agree, that immediately upon our notice to you, you will cease the use of our trademarks and any such referral links.

REGULATORY COMPLAINTS AND INFRINGEMENT

We will cooperate with any law enforcement authorities and comply with any judicial order requesting or directing us to disclose the identity of anyone accessing, transacting, registering, and/or otherwise using the RailEurope.com Site in violation of any applicable federal, state, or local laws.

If you believe that certain parts of the Content constitute an infringement of your copyright, you should notify us promptly and in accordance with the procedures described below. We will process claims of alleged infringement and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”) when the following is sent to Rail Europe’s Copyright Agent:

  1. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and,
  6. A statement, made under penalty of perjury, that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Such DMCA claim should be sent to Rail Europe’s Copyright Agent as follows:

Legal Coordinator
Rail Europe, Inc.
44 South Broadway
White Plains, NY 10601
(914)682-2999/legal@raileurope.com

DISCLAIMER OF WARRANTY

In addition to any other disclaimers appearing in these Terms of Use, the RailEurope.com Site is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including (but not limited to) warranties of title, non-infringement, merchantability or fitness for a particular purpose, other than those warranties that are implied by and incapable of exclusion, restriction, or modification under the laws applicable to these Terms of Use. The Released Parties (as defined in the paragraph entitled “Release of Liability” below) make no warranty that the RailEurope.com Site, or the functions or materials contained therein, will meet users’ requirements.

None of the Released Parties warrants that the RailEurope.com Site or the services it is on will be uninterrupted, available at any particular time or location, error-free, and/or free from viruses or other harmful components, or that errors on or defects in the RailEurope.com Site will be corrected; nor do we or they make any warranty as to the results that may be obtained or occur from use of the RailEurope.com Site, or as to the accuracy, reliability, timeliness, completeness, correctness, usefulness or content of any information, service, or merchandise provided through the RailEurope.com Site. This disclaimer of liability applies to any damages or injury caused or alleged to be caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.

You expressly agree that your access to and use of the RailEurope.com Site, any Content thereon and any product or service purchased or obtained through the RailEurope.com Site are at your sole risk and are further subject to the terms of Use of any purchase, including, without limitation, any products or services of Suppliers.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT ALLOWED BY LAW, NEITHER WE (WHICH FOR THE PURPOSE OF THIS PARAGRAPH SHALL INCLUDE ALL RELEASED PARTIES) NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE RAILEUROPE.COM SITE, WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE, OR LOST OPPORTUNITY), HOWEVER CAUSED, ARISING OUT OF YOUR ACCESS TO, USE OF, OR RELIANCE ON ANY MATERIAL OR CONTENT PROVIDED ON THE RAILEUROPE.COM SITE, INCLUDING, WITHOUT LIMITATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR LACK OF TIMELINESS OR INAUTHENTICITY OF, THE INFORMATION CONTAINED ON THE RAILEUROPE.COM SITE, OR FOR ANY DELAY OR INTERRUPTION OF ACCESS TO THE RAILEUROPE.COM SITE OR TRANSMISSION OF DATA WITH YOU OR ANY USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, WE ASSUME NO RESPONSIBILITY, AND WILL NOT BE LIABLE, FOR ANY DAMAGES RELATING TO OR CAUSED BY ANY VIRUSES WHICH MAY AFFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE RAILEUROPE.COM SITE. WE CANNOT AND DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE RAILEUROPE.COM SITE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. If any of the above limitations do not apply to the extent applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, Rail Europe’s total liability for all losses, damages and causes of action in contract, tort (including without limitation, negligence), or otherwise will not be greater than the amount paid to Rail Europe for any and all products and services purchased on the RailEurope.com Site during the six (6) month period preceding the date the claim first arose.

Release of Liability: You agree to release, discharge, and hold harmless Rail Europe, its parent, subsidiary, affiliated and related companies, and each of its and their respective officers, directors, employees, representatives, contractors and agents (collectively, the “Released Parties”) from and against any claims, damages, expenses, and liability arising from or related to any injuries, damages, or losses to any person (including, without limitation, death) or property of any kind resulting in whole or part, directly or indirectly, from your use of, accessing, or participation in any feature of the RailEurope.com Site, including, without limitation, your breach of these Terms of Use or the use by us or our designees of any rights granted by you. You further release the Released Parties from and specifically acknowledge that the Released Parties are not liable for the defamatory, offensive, or illegal conduct of other RailEurope.com Site users or any third party, and that the risk of injury from the foregoing rests entirely with you.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless the Released Parties against all losses, expenses, damages and costs, including reasonable attorneys’ fees, arising in any way from (i) your use of the RailEurope.com Site, (ii) your unauthorized use of any Content and/or Suppliers’ products and services, (iii) your breach or violation of applicable law or the Terms of Use, and/or (iv) any allegation that any submissions or other materials you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party. Rail Europe reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and in such case, you agree to cooperate with Rail Europe in the defense of any such claim.

TERRITORIAL RESTRICTIONS

The RailEurope.com Site is controlled and operated by Rail Europe from its offices within the United States. Rail Europe makes no representation that materials available on the RailEurope.com Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access the RailEurope.com Site from other locations do so at their own initiative and are responsible for compliance with applicable local laws. You agree to abide by applicable export control laws as well as all other applicable laws and regulations of the United States, and each of its states, localities and territories. Rail Europe reserves the right to verify the location of users and may use IP addresses as the basis for determining the location of its users.

NOTE THAT THESE TERMS OF USE ONLY APPLY TO THE USE OF THIS RAILEUROPE.COM SITE, AND OTHER WEBSITES PROVIDED BY RAIL EUROPE AND/OR RAIL EUROPE’S AFFILIATED COMPANIES HAVE DIFFERENT TERMS OF USE THAT APPLY TO THE USE OF THOSE SITES.

ARBITRATION

Please read this carefully. It affects your rights. Rail Europe and you agree to arbitrate all disputes and claims (including ones that already are the subject of litigation) arising out of or relating to this Agreement, or to any prior oral or written agreement, for Passes and Tickets and other services (collectively, “Services”) between Rail Europe and you. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Intent to Arbitrate ("Notice"). The Notice to Rail Europe should be addressed to: Rail Europe, Inc., Attn: Legal Department, 44 South Broadway, White Plains, NY 10601 ("Arbitration Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If we do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Rail Europe  may commence an arbitration proceeding. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of this Agreement. The arbitration shall be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and shall be administered by the AAA. The AAA Rules are available at www.adr.org or by writing to the Arbitration Notice Address. In the event the arbitrator finds in your favor, Rail Europe will pay all AAA filing, administration and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is improper or not warranted, as measured by the standards set forth in Federal Rule of Civil Procedure 11(b), then the payment of all such fees shall be governed by the AAA Rules. In such case, you agree to reimburse Rail Europe for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In no event, however, may the arbitrator award you an amount greater than the monetary jurisdictional limit of the New York City Civil Court Small Claims Part at the time of your claim or such amount as has been last offered by Rail Europe in settlement of your claim, whichever is higher. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding and upon request from either party within 14 days of the arbitrator's ruling on the merits. You agree that, by entering into this Agreement, you and Rail Europe are waiving the right to a trial by jury. Unless Rail Europe and you agree otherwise, all hearings conducted as part of the arbitration shall take place in New York, New York. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. You and Rail Europe agree that YOU AND RAIL EUROPE MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, and not as a plaintiff or class member in any purported class or representative proceeding. Further, you agree that the arbitrator may not consolidate proceedings of more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, and that if this specific proviso is found to be unenforceable, then the entirety of this arbitration clause shall be null and void.

GENERAL

These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. These Terms of Use shall be construed in accordance with the laws of the State of New York without regard to its conflict of laws rules, and shall be resolved individually, without resort to any form of class action. The parties agreeexpressly disclaim the application of the United Nations Convention on Contracts for the International Sale of Goods.

The parties irrevocably consent to submit to the jurisdiction of the state and Federal courts, as applicable, of the State of New York located in New York County, New York on matters arising out of these Terms of Use.  No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.  If any provision of these Terms of Use is unlawful, void or unenforceable, the remaining provisions of these Terms of Use will remain in place.

ELECTRONIC COMMUNICATIONS; NOTICE

When you visit and use the RailEurope.com Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Rail Europe may from time to time modify these Terms of Use and in such event we will post a copy of the amended Terms of Use at Policy page. If you do not agree to (or cannot comply with) the Terms of Use, as amended, your only remedy is to stop using the RailEurope.com Site. You will be deemed to have accepted the Terms of Use, as amended, if you continue to use the RailEurope.com Site after any amendments are posted.

Rail Europe, Inc., 44 South Broadway, White Plains, NY 10601. All rights reserved.

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