Dated as of October 15, 2008 [Last Updated September 15, 2011]
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.
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
Valid only for Online purchases, may not be used over the phone.
One (1) coupon/code per purchase, per customer.
Can not be sold or bartered, non transferable, no cash value, and cannot be exchanged for cash.
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.
Offer may be revised or withdrawn any time without notice, even if other sites are displaying the coupons.
For all technical errors there is no recourse, you have the right to not make the purchase.
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.
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.
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.
Coupons are valid for limited time only as indicated.
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.
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.
Hotels are excluded from any and all promotions and/or sweepstakes, unless otherwise indicated.
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.
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
LINKED SITES AND 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:
Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
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;
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;
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;
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,
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:
Rail Europe, Inc.
333 Westchester Avenue
White Plains, NY 10604
DISCLAIMER OF WARRANTY
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.
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.
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.
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.
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, Inc., 333 Westchester Avenue, White Plains, NY 10604. All rights reserved.