Terms of Use
Last updated: 5 November 2019
Introduction
By using our Site and/or our Apps, you indicate that you accept these terms of use and agree to abide by them. If you do not agree to these terms, please refrain from using our Site and Apps.
Definitions
In this policy, "we", "us", "our" and “Loco2” refer to the company Loco2 Ltd or our website www.raileurope.com.
References to “you”, “your” or “user”, refers to private individuals or professionals who use our Site and/or Apps.
“Service(s)” means the online rail search and booking service that we offer via our website (www.raileurope.com) (the “Site”) and Apps, including related activity like sending booking alerts.
“App(s)” and “Application(s)” refer to our mobile applications for iOS (iPhone or iPad) and Android.
“Operators” refers to third party rail and road operators. We sell tickets on their behalf as part of our Service.
Information About Us
The Rail Europe Site and Apps are owned and operated by Loco2 Limited.
We are a limited company registered in England and Wales under company number 05822368. We have our registered office at Loco2 Limited, c/o Brachers, Somerfield House, London Road, Maidstone, Kent, ME16 8JH.
Our VAT number is GB110 0051 10.
You can contact our customer support team via the following link https://www.raileurope.com/en-gb/contact.
Accessing Our Site
Access to our Site and Apps is permitted on a temporary basis, and we reserve the right to update, withdraw or change any of the Services we provide on our Site and/or Apps without notice (see below). We will not be liable if for any reason our Service is unavailable at any time or for any period.
If you create a password as part of our security procedures, you must treat such information as confidential, and not disclose it to any third party. We have the right to disable any user account or password at any time if in our opinion you have failed to comply with any of the provisions of these terms of use. From time to time, we may restrict access to some parts of our Service to users who have registered with us.
When using our Services, you must comply with the provisions of our Website Acceptable Use Policy.
You are responsible for making all arrangements necessary for you to have access to our Services. You are also responsible for ensuring that all persons who access our Services through your internet connection are aware of these terms and that they comply with them.
Age Limitations
he Services are not intended for and should not be used by anyone under the age of sixteen. By using our Service, you represent that you are over the legal age and are the intended recipient of the Services.
If you learn that anyone younger than 16 has provided us with Personal Data and/or other information, please contact us to let us know.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our Site, our Apps and in the material published on them. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our Site or our Apps for your personal use and you may draw the attention of others to our Site and/or Apps.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged. You must not use any part of such content for commercial purposes without obtaining a licence to do so from us or our licensors.
Reliance On Information Posted
Content appearing on our Site and Apps, or in any email or other forms of communication instigated via contact with us, are not intended to amount to advice on which reliance should be placed. We, therefore, disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site or App user, or by anyone who may be informed of any of its contents.
Our Service Changes Regularly
We aim to update our Site and Apps regularly and may change the content at any time. Any of the material on our Site and Apps may be out of date at any given time, and we are under no obligation to update such material.
Our Liability
The material displayed on our Site and Apps, or in any email or other forms of communication with Loco2, is provided without any guarantees, conditions or warranties as to its accuracy.
Our liability to you may be different depending on whether you are a business user or a consumer. You are a business user if you are using our Site and/or Apps in connection with the business you run or work for, or in connection with your trade or profession. In all other circumstances you will be a consumer.
Whether you are a consumer or a business user:
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees and for fraud or fraudulent misrepresentation.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of our booking Services to you, which will be set out in our Booking Terms and Conditions.
If you are a business user:
We exclude all implied conditions, warranties, representations or other terms that https://www.raileurope.com/en-gb/terms-of-website-use may apply to our Site and/or Apps or any content on them.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
Privacy Policy
We process information about you in accordance with our Privacy Policy and Cookies Policy.
Transactions Concluded Through Our Service
Contracts for the supply of goods, services and information formed through our Service or as a result of visits made by you are governed by our Booking Terms and Conditions.
Viruses, Hacking And Other Offences
You must not misuse our Site and Apps by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site and Apps, the server on which our Services are stored or any server, computer or database connected to our Services. You must not attack our Site and Apps via a denial-of-service attack or a distributed denial-of-service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site and Apps or to your downloading of any material posted on it, or on any website linked to it.
Linking To Rail Europe
You may link to any page of our Site, or take advantage of our affiliate linking scheme but you must represent our Services fairly and accurately. We reserve the right to contact you and remove permission to link to Rail Europe if we feel that you are misrepresenting our Services or content.
Links From Our Site
Where our Site and Apps contain links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Jurisdiction And Applicable Law
If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are a business user, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
Trademarks
Rail Europe is a registered trademark.
Variations
We may revise these terms of use at any time by amending this page. You should check this page from time to time to take notice of any small changes we made, as they are binding on you. Account-holders will be notified of major changes to these terms by email or another form of communication.
Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our Site and Apps.
Your Concerns
If you have any concerns about material which appears on our Site or Apps, please contact us.
Website Acceptable Use Policy
Your use of our Site and/or Apps means that you accept, and agree to abide by, all the policies in this acceptable use policy, which forms part of our Website Terms of Use.
Prohibited Uses
You may use our Site and Apps only for lawful purposes. You may not use our Service:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (see below).
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our Site and Apps in contravention of the provisions of our Website Terms of Use.
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Not to access without authority, interfere with, damage or disrupt:
- any part of our Site and Apps;
- any equipment or cloud-network on which our Services are stored;
- any software used in the provision of our Service; or
- any equipment or network or software owned or used by any third party.
Interactive Tools
We may from time to time provide interactive tools within our Site and Apps, including, without limitation:
- Message boards (forums).
- Live chat customer support.
Where we do provide any interactive tools, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive tools provided as part of our Service, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
Where we do moderate an interactive service, we will provide you with a means of contacting the moderator, should a concern or difficulty arise.
Content Standards
These content standards apply to any and all material which you contribute to our Site and Apps, and to any interactive tools contained within them.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Contributions must:
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright or trademark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Suspension And Termination
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our Service. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this acceptable use policy constitutes a material breach of the Website Terms of Use upon which you are permitted to use our Service, and may result in our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use our Service.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our Site and Apps.
- Issue a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Changes To The Website Acceptable Use Policy
We may revise these terms of use at any time by amending this page. You should check this page from time to time to take notice of any small changes we made, as they are binding on you. Account-holders will be notified of major changes to these terms by email or another form of communication.
Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our Site and Apps.