GENERAL CONDITIONS OF SALE OF THE SITE "OUI"
The services on the Internet Site « OUI » (hereafter the « Site ») are offered by the company OUI.sncf, a public limited company under French law, registered in the database of undertakings under number 431 810 621, whose head offices are established at 2 place de la Défense, CNIT 1, BP 440, 92053 Paris La Défense Cedex, France.
The company OUI.sncf is a subsidiary of Société Nationale des Chemins de fer Français (SNCF). It holds a licence of travel agent with n° LI 092 01 002.
The train tickets offered on the Site, subject to the underlying conditions, are normally valid as long as presented online until depletion of the available seats and may vary in real time.
1. Definitions and range of application
« Order » means every purchase of train tickets executed and validated by the User on « OUI ».
« Specific Conditions » mean conditions relating to the supply of the train tickets by SNCF or iDTGV and the use of the SNCF travel tickets, still accessible at the time of placing the Order.
« User » means every person using the Site « OUI » for reservation and/or ordering tickets.
1.2. Range of application
The underlying general sales conditions (hereafter « General Conditions ») are applicable to all Orders executed on the Site « OUI ». The underlying General Conditions are valid from 1 January 2008. The Users of this website are invited to carefully read these general terms and conditions that are referenced by hyperlink on every page of the Site. The Users are advised to download them or to print them and keep a copy. The use of the Site of OUI.sncf implies full and unequivocal acceptance of the underlying general terms and conditions. The placing of Orders is only reserved to Users who have read and agreed to all the General Conditions by clicking the appropriate button. The Users are strongly advised to reread the underlying general terms and conditions every time they visit the web site as OUI.sncf reserves the right to modify the conditions at any time and without prior notice. These modifications are not valid for reservations previously made and confirmed by OUI.sncf according to the conditions provided in article 3.
2. Use of the Site
The Site is meant to assist the Users with finding travel hours and/or ticket prices in the countries concerned, and to make possible, if appropriate, the reservation of the required tickets. To place an Order, the User must be an adult and legally capable of making a contract. The User is financially responsible for the use of the Site both in his/her own name and on his/her own account as on the account of third parties, including minors, except in case of fraudulent use which is not the result of his/her own fault or negligence. The User guarantees the truthfulness and accuracy of the information provided by him or any other person using his details on the Site.
A fraudulent use of the Site, or an infringement of the General Conditions, may at any moment cause denial of access by OUI.sncf to the Services provided on the Site.
3. The Order
3.1 Placing an Order
The procedure for placing an Order is as follows:
1) The User selects the appropriate details (place of departure, place of arrival, date, time, number of passengers, number of SNCF loyalty card, etc.), needed to complete the search; 2) A list of products and associated prices corresponding to this search is displayed; 3) The User selects the desired product(s); 4) A more detailed presentation of the product(s) and price(s) allows the User to verify the details of his/her Order; 5) The User selects the desired method of delivery of his/her Order; 6) The User selects his/her personal details (identity, electronic or postal address as appropriate); 7) The User verifies that all the information displayed is in accordance with his/her instructions (date, time, place of departure and destination of the train, delivery address, price, identity, age of travellers, etc.); 8) The User selects his/her bank details (card details, date of validity and security code); 9) The User validates his/her Order after accepting the General conditions or, if appropriate, the applicable Specific Conditions.
The User may, at any time before validating his/her Order, check and correct his/her instructions.
3.2 Confirmation of the Order
OUI.sncf acknowledges receipt of the Order to the User by e-mail within 5 days following the Order. This confirmation is the conclusion of the sales contract between the User and OUI.sncf.This electronic message confirming the Order contains an exact description of the Order, placed by the User.
It is up to the user to make sure that the data communicated at the time of placing the order are correct and that they make it possible to process the order.
OUI.sncf will not accept any responsibility for orders that are not correctly delivered due to error or omission on the part of the user.
3.3 Refusal to accept the order
OUI.sncf reserves the right to suspend or refuse the order, in the following cases: • Incomplete or incorrect data at the time of placing the order; • Failure to pay for previous orders or refusal of authorisation by the User’s bank or other financial institution.
Where the order is rejected, OUI.sncf will not accept any payment or will immediately refund the said payment.
3.4 Proof of Order
Notwithstanding any obvious error by OUI.sncf, the retained details in the information system of OUI.sncf is decisive in relation to Orders placed. The details on computer or electronic systems retained by OUI.sncf constitute proof and, if they are produced as evidence in any dispute, they shall be admitted as valid and contestable in exactly the same manner, under the same conditions and with the same weight of proof as all documents which may be established, received or recorded in writing, by the two parties.
3.5 Withdrawal or cancellation of the Order by the User
Therefore, Orders placed on the Site are exclusively subject to the modification and cancellation conditions provided in the Specific Conditions relating to the provision of train tickets by SNCF or iDTGV, or other European railway companies and the use of SNCF travel tickets and available at the time of placing the Order. These Specific Conditions are part of the General Conditions and need to be read attentively and accepted before ordering train or travel tickets.
4. Price and Payment
4.1 The electronic confirmation of the Order indicates precise details of what is included in the price.
The prices are indicated in Euros and include all taxes, except if the contrary is mentioned on the website. Delivery costs are charged separately at the rates published on the site.
4.2 The payment of the cost of the products and services is effected by credit card (Visa, Mastercard and American Express) or via a secured payment system when the user has definitively validated his/her order.
4.3 Where the payment appears to be invalid, incomplete or non-existent, for whatever reason (or « for a reason that is the responsibility of the User »), the agreement will be rescinded at the User’s expense and civil or penal action may be taken against him/her.
4.4 The price does not include possible bank charges related to conversion Swiss Franc / Euros.
Prices indicated in Swiss Franc are only mentioned as an indication. No guarantee is thus given as for their rightness. The rate of exchange used is calculated from various public sources and can vary hour by hour, and this one is only once a day updated. Only a personal use of these rates of exchange is authorised.
5. Information and Complaints
All requests for information, possible details and complaints need to be addressed to the « Contact » section of the Site or by the post for the attention of the customer service: OUI.sncf, Carrer Fluvia 65 METROVACESA PARC 22@, EDIFICIO B PB recepción, 08019 BARCELONA, SPAIN.
Customers can complain to the FEVAD (La Fédération de l'e-commerce et de la vente à distance - Federation of e-commerce and distance selling] ombudsman or the European Ombudsman. Contact details and the conditions for submitting complaints are available on their respective websites: www.fevad.com or http://ec.europa.eu/consumers/odr/.
6. Responsibility of OUI.sncf regarding the use of the Site
6.1 OUI.sncf does not guarantee that the Site is free of anomalies, errors or bugs, nor that these may be corrected or that the Site performs without interruptions or breakdowns, or that the Site is compatible with a material or particular configuration different from the one explicitly validated for OUI.sncf. OUI.sncf is by no means responsible for dysfunctions created by software of third parties, incorporated or not in the Site or provided with.
OUI.sncf will by no means be held responsible for any kind of damage, predictable or not, (inclusive of the loss of gain or opportunity …) resulting from the use or the total or partial inability to use the Site. As OUI.sncf is not able to check all the sites to which it sends on Users intermediary basis via hypertext links, created to facilitate searches, OUI.sncf is in no case responsible for the contents of such sites.
OUI.sncf cannot be held responsible for the malfunctioning of Internet connections (breakdowns, answering time when consulting the site, placing the Order …). The User acknowledges that s/he has been informed of the risks related to the security of communications on the Internet.
6.2 OUI.sncf does not guarantee that the Site is compatible with the User’s IT system.
6.3 The website may contain links to websites of third parties. These links are provided solely as a convenience to the user. OUI.sncf is not responsible for the contents of such third party websites or the links to which the User may be transferred. OUI.sncf does not have any responsibility for third party websites and does not make any representation regarding the content or accuracy of materials on such websites. Accessing such websites is at the sole risk of the User.
6.4 In the event that OUI.sncf, for whatever reason, is required to pay damages, such damages shall only compensate direct damages and shall be limited to the price received by OUI.sncf for the products or services which caused the damage. Besides, the liability of OUI.sncf for indirect loss or damage, loss of profit, loss of goodwill, damage caused by interruption of business activities, distortion or loss of data is excluded.
6.5 The limited liability dispositions stated in articles 6.1, 6.2, 6.3, 6.4 and 7.3 are valid unless mandatory Swiss laws provide otherwise.
At the time of placing an Order, the User must select the appropriate means of delivery: - Collection from a French station for departure of a French station; - Collection from in a SNCF office in countries (other than France); - Despatch to home postal address.
7.1 The User has chosen to collect his/her Order from a French station, in Borne Libre Service (only valid when sent from a French station).
7.2 If the User chooses to collect his/her Order in a SNCF office in a country (except metropolitan France). The credit card used for payment by the User will be required when collecting the Order. The PIN code allocated to this card will be needed.
7.3 If the User chooses to receive his/her Order at a postal address (« Send to postal address ») : In this case, and, except where different instructions have been given, the delivery of the Order will be made to the postal address indicated by the User when placing the order. The User is entirely responsible for the correct completion of the necessary information, permitting OUI.sncf to proceed with the delivery of the Order executed on the Site.
Delivery will take place by ordinary mail within 4 working days after placing the Order by the original mail, unless otherwise stated on the Site. The delivery deadlines, however, are approximate and any failure to deliver within such deadlines will not lead to any responsibility whatsoever for OUI.sncf.
8. Protection of the Site
OUI.sncf is holder of the intellectual property rights relating to the Site and its content (trade marks, texts, lay-out, graphic elements, logos, etc.).
The access to the Site does not grant any of the intellectual property rights of the Site to the User. The elements, accessible on the Site, i.e. texts, pictures, images, icons, cards, sounds, videos, software, databases, are subject to protection by intellectual property rights and other private rights. Any reproduction, representation, modification, transmission, publication, adaptation on any support in any way or exploitation in any way of the Site is prohibited without preliminary consent of OUI.sncf. This prohibition is particularly but not exclusively meant to prevent scrapping or the use of robots for extraction or reproduction of elements of the Site, including the range of Products or Services presented on it for commercial purposes. Exploitation without preliminary consent by OUI.sncf, in any way, of the whole or part of the Site, may lead to appropriate action, i.e. prosecution for counterfeit. Only private and non-commercial use of an insubstantial part of the Site is authorized. The insertion of hypertext links to a part of the Site is prohibited without preliminary written consent of OUI.sncf.
9. Protection of the privacy of the user of the site
9.1 OUI.sncf is concerned about the protection of the privacy of the users of the site and has established rules to protect the personal data of users. By accepting the General Conditions and by communicating personal data to OUI.sncf, the User agrees that OUI.sncf handles its details according to the General Conditions.
9.2 OUI.sncf processes the following personal data of the users of the site:
• Personal data relating to the orders and payments, including name, address, e-mail address, telephone number, etc; • IP addresses;
• Any other relevant personal data that the user communicates to OUI.sncf.
9.3 These personal data are used to:
• Execute the Orders and to process the payments;
• Contact the user for marketing purposes, including sending a newsletter;
• Inform the user about OUI.sncf, its products and services and its site.
The nominative information collected with regard to sales at a distance is obligatory as these details are necessary for handling and delivery of Orders, as well as for making invoices. These details are absolutely confidential. Where this information is missing, the Order will be rejected.
OUI.sncf commits itself to using the personal details of Users only for the explicit purposes set out in the General Conditions. OUI.sncf commits itself not to publish, spread or transmit details relating to the User to other companies without his/her prior consent.
9.4 The User has the right to access all personal data relating to him/herself and to rectify, erase or block the data that are incomplete or inaccurate. To execute this right, the User needs to address a demand to the Contact section of the Site or by ordinary mail to the attention of the customer service: OUI.sncf, Service Réclamation Europe, 2 place de la Défense, CNIT 1 - BP 440, 92053 La Défense cedex, France.
10. Obligations of the site user
10.1 The User shall:
(a) not use the Site of OUI.sncf for illegal purposes or for purposes that could cause damage to the rights of OUI.sncf or of third parties; the user shall not use the site to transmit information that is illegal, discriminatory or offensive to OUI.sncf or to third parties;
(b) not disturb the access to or functioning of the website, neither gain or attempt to gain any unauthorized access to the IT systems of OUI.sncf, nor modify the site or use the site to transmit viruses, hacking attacks, worms, etc. ;
(c) Respect the general conditions of use;
(d) Make sure that, before validating his/her Order, that it corresponds exactly to requirements;
(e) Enter correctly his/her personal details to make possible the handling of his/her Order;
(f) Check the solvency and validity of his/her means of payment.
10.2 In case of non-respect of the obligations of this agreement by the user of the site, OUI.sncf reserves the right to block the access to its site immediately and to claim damages.
11.1 The fact that OUI.sncf may not immediately exercise one of its rights on the basis of these general terms and conditions shall not be interpreted as a renunciation of such rights.
11.2 In case one of the clauses of these general terms and conditions is declared to be null and void, or without any effect, this will not affect the validity of the other clauses, except if the clause is essential to this agreement between the user and OUI.sncf 11.3 All cases of ‘force majeure’, defined according to case law, that render the transaction impossible, including but not limited to, interruption of telecommunications, strikes by transport workers, hotel-owners, air traffic controllers, air controllers, also render null and void the obligations incumbent on OUI.sncf and which are affected by the said ‘force majeure’. Transactions that are not carried out due to ‘force majeure’ are subject to reimbursement, but not to compensation or interest.
12. Applicable law and jurisdiction
All disputes regarding the use of the site of OUI.sncf or regarding the products or the services ordered on the Site are subject to Swiss law. The application of the Convention on Contracts for the International Sale of Goods of 11 April 1980 is excluded.
All disputes relating to the Use of the Site, the interpretation and execution of the General Conditions or the Goods and Services offered on the Site are subject to the jurisdiction of the Swiss Courts.