GENERAL TERMS AND CONDITIONS FOR USE OF “EUROPE BY EUROSTAR” WEBSITE
To view the Terms and conditions for the ‘Lamest Excuse’ competition, please click here
1 DEFINITIONS AND INTERPRETATION
1.1 In these Terms, unless the context otherwise requires:
“Commentator” means a member of the public who posts Material in response to Material uploaded or posted;
“E.G.L.” means Eurostar Group Limited and includes its legal representatives, successors and assigns;
“Eurostar” means the international passenger train service operated by Eurostar (U.K.) Limited, SNCF and SNCB which E.G.L. manages part of the commercial operation;
“Material” means text and/or photographs posted or uploaded onto the Website;
“Privacy Policy” means E.G.L.’s privacy policy which may be viewed at:
www.eurostar.com/UK/uk/leisure/footer_popup_content/privacy_policy.jsp;
“Terms” includes these general terms and conditions;
“Viewer” means a member of the public who views the Website;
“Website” means the URL of www.europe.eurostar.com where the “Europe By Eurostar” website is located;
“Working Day” means a day (not being a Saturday or Sunday) on which banks are generally open for business in London.
2 TERMS OF USE
2.1 Access to and use of this site www.europe.eurostar.com is provided by E.G.L subject to the Terms.
2.1.1 By using www.europe.eurostar.com you agree to be bound by these Terms, which shall take effect immediately on your first use of www.europe.eurostar.com. If you do not agree to be legally bound by all of the following Terms please do not access and/or use www.europe.eurostar.com.
2.1.2 E.G.L. may update these Terms from time to time without notice to you. You should review the Terms periodically for changes. Your continued use of www.europe.eurostar.com means you agree to be legally bound by these Terms as updated and/or amended.
3 PRIVACY POLICY
EUROSTAR “EUROPE BY EUROSTAR” PRIVACY POLICY
Eurostar Group Limited (“Eurostar”) is committed to protecting your privacy. This privacy policy explains Eurostar’s data processing practices and how Eurostar uses any visitor information or personal data.
3.1 Consent
By using the Eurostar websites and the associated services, you consent to the collection and use of the information for the purposes set out below.
3.2 Visitor Information Collected
Eurostar will be the data controller under the Data Protection Act 1998, and any personal data you provide will be kept on file for our reference. This allows us to process your Eurostar bookings efficiently, remember your preferences and gain a better understanding of your requirements. Eurostar may monitor webserver activity for the purpose of data analysis, sales and marketing reports, frequency of visits and developing marketing profiles.
3.3 Use of Visitor Information
If you book online with Eurostar, we will record your personal details and send you a confirmation by e-mail. Your personal data will be used principally to provide you with correspondence from Eurostar and its representatives in reply to your request. We retain the data you provide from time to time, including data we collect when you use our services and facilities.
When creating an account you will also be given the opportunity to opt-in to receive additional correspondence from Eurostar, and its carefully selected partners and third parties.
You may opt-in to receive the following type of correspondence:
(1) Eurostar special offer information sent from time to time; and
(2) Special offer information from our carefully selected partners and third parties.
At any time after you have registered you may opt-out or change your preferences by logging into your account and editing your account information or by clicking the easy “unsubscribe” option on any email sent by Eurostar.
If you wish to amend the personal data that you have submitted online, when you log into your account, you will be given a link which allows you to edit your details or alternatively email us at newsletter@eurostar.com or write to Eurostar Group Limted, Customer Services, 3rd Floor, Kent House, 81 Station Road, Ashford, Kent TN 23 1AP or telephone us on 08705 186 186 or from outside the UK call +44 1233 617 575.
3.4 Disclosure of Passenger Information
Eurostar may use your information for market research and strategic development purposes to assist us in new product development and for making further enhancements to our communication plans so that they are more aligned to your profile.
Eurostar will not disclose passenger information under any other circumstances than described in this privacy policy without your consent unless Eurostar is required to do so legally.
3.5 Cookies
Eurostar places a cookie on your computer when you first enter the website to identify your country and (if applicable) language preferences. A cookie is a piece of data stored on your hard drive containing information about you, which enables us to display content relevant to your market. For the use of the Eurostar Booking Engine, the cookie is also used to keep track of Eurostar products placed in the Shopping Basket. If you create an account and select the “auto-login” option, a unique ID number will be placed in your cookie to enable you to return to each Eurostar website without having to login again.
Only non-personal information is stored in your cookie. If you disable the cookies, you will still be able to use the website and book tickets.
We use “cookies” to identify you when you visit the Eurostar sites and to build up a demographic profile. Our use of cookies also allows registered users to be presented with a personalised version of the site.
3.6 Tagging of the Site
Eurostar uses pixels, or transparent GIF files, to help manage online advertising. These GIF files are provided by our ad management partner, DoubleClick. These files enable DoubleClick to recognize a unique cookie on your Web browser, which in turn enables Eurostar to learn which advertisements bring users to Eurostar’s websites. The cookie was placed by Eurostar or by another advertiser who works with DoubleClick. With both cookies and Spotlight technology, the information that Eurostar collects and shares is anonymous and not personally identifiable. It does not contain your name, address, telephone number, or email address. For more information about DoubleClick, including information about how to opt out of these technologies, go to: http://www.doubleclick.net/us/corporate/privacy
3.7 Security of passenger information
Eurostar stores passenger information in a central database, which is managed by our administrative staff and authorised agencies and is accessible electronically. Security measures are in place to ensure that data can not be accessed by unauthorised persons. From time to time people such as I.T. systems suppliers may need to access the system. Eurostar’s security procedures mean that we may occasionally request proof of identity before we are able to disclose sensitive information to you.
3.8 Your Personal Data
You have the right to see the personal data held on you by Eurostar. Eurostar will provide this information for the maximum fee permitted by statute
Please put your request in writing to:
Eurostar Group Limited, Customer Services, 3rd Floor, Kent House, 81 Station Road, Ashford, Kent TN23 1AP or by e-mail to newsletter@eurostar.com.
3.9 Alterations to this privacy policy
If Eurostar decides to change this privacy policy, the changes will be posted on this page.
3.10 Outside European Economic Area (EEA)
If you live outside the European Economic Area and wish to make a booking online or open an account, by proceeding with this booking or by opening an account you are deemed to have given your consent to having your personal data transferred outside the European Economic Area, for the purposes outlined in this privacy policy.
3.11 Other linked websites
The websites www.eurostar.com and europe.eurostar.com may contain links to other websites which are outside Eurostar’s control and are not covered by this privacy policy. The privacy policies of these other sites may differ from this one.
3.12 To query protection of your personal data
Please note that as the data processing takes place in the United Kingdom, it is English law which applies, even in a communication with a Belgian customer. If you have any questions or comments concerning your personal data, including the way Eurostar protects your privacy or processes your personal data please write to Eurostar at Eurostar Group Limited, Customer Services, 3rd Floor, Kent House, 81 Station Road, Ashford, Kent TN23 1AP or by e-mail to newsletter@eurostar.com.
Eurostar’s policy is to correct any mistakes as soon as they are brought to our attention within the office working hours of Eurostar, Monday to Friday 9am-5pm GMT, excluding English public holidays.
4 USER CONDUCT
4.1 You acknowledge that all Material posted or uploaded by you is solely your responsibility. You acknowledge that by using the Website, you may be exposed to Material that is offensive, indecent or objectionable. Under no circumstances will E.G.L. be liable in any way for any Material, including, but not limited to, for any errors or omissions in any Material, or for any loss or damage of any kind incurred as a result of the use of any Material posted, emailed or otherwise transmitted via the Website.
4.2 You agree that you must evaluate, and bear all risks associated with, the use of any Material, including any reliance on all the accuracy, completeness, or usefulness of such Material. In this regard you may not rely on any content in the Website created by E.G.L. or uploaded or posted onto the Website by a third party.
4.3 You acknowledge that E.G.L. and its designees shall have the right (but not the obligation) in their sole discretion to make additions and deletions, move or remove entirely any Material that is uploaded or posted onto the Website by you. Without limiting the foregoing, E.G.L. and its designees shall have the right to remove any Material which it considers violates these Terms or is otherwise objectionable.
Warranties
4.4 You warrant not to use the Website to:
4.4.1 Upload or post any Material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory of any person or object, vulgar, obscene, profane, sexually oriented, libellous, invasive of another’s privacy, disruptive, offensive, abusive, hateful, in violation of any trade secrets or racially, ethnically or otherwise illegal or objectionable;
4.4.2 Upload or post any Material which is deliberately intended to upset any person;
4.4.3 Harm minors in any way;
4.4.4 Impersonate any person or entity, including, but not limited to, an E.G.L. employee or falsely state or otherwise misrepresent your affiliation with a person or entity. Adopting an inappropriate user name (for example, one that is vulgar) is also unacceptable;
4.4.6 Upload or post any Material that violates, plagiarises or infringes the intellectual property rights of any person;
4.4.7 Upload or post any advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, any other form of solicitation or uploading posting of very similar Material on more than one occasion;
4.4.8 Upload or post any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
4.4.9 Deliberately misuse the “notice and take-down” complaints facility;
4.4.10 Upload or post any personal information about any person including yourself (for example: telephone number, home address or e-mail address), or include postal addresses of any kind;
4.4.11 Provide any Material with the intention of committing or promoting an illegal act;
4.4.12 Provide any Material in respect of which you do not have the intellectual property rights or other permission to distribute the Material electronically;
4.4.13 Upload or post references to any URL which is infringing copyright; or
4.4.14 In any way that will violate or infringe any English laws, regulations or international treaties.
5 RIGHTS IN COMPLETED WORK
5.1 Where you upload or post any Material to the Website you agree, by uploading or posting the Material, to grant E.G.L. a perpetual, royalty-free, non-exclusive, sub-licence able right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to the Material worldwide and/or to incorporate the Material in other works in any media now known or later developed for the full term of any rights that may exist in the Material, and in accordance with privacy restrictions set out in E.G.L.’s Privacy Policy. If you do not want to grant to E.G.L. the rights set out above, please do not submit Material to the Website.
5.2 All logos, trade names or trademarks used by E.G.L. or its associated companies in the course of such companies’ business including, by way of example only, the trademark “Eurostar”, are the property of E.G.L. or its associated companies. E.G.L. or its associated companies as appropriate reserve all intellectual property rights in relation to the use of such logos, trade names or trademarks by any other person, company or organisation. Any such use will be permitted only at the sole discretion of and in accordance with such terms and conditions (including the payment of a licence fee) as may be imposed by E.G.L. or its associated companies from time to time.
5.3 Except solely for your own personal and non-commercial use, no part of the Website may be copied, published, broadcast or adapted without the prior written consent of E.G.L.
5.4 The names, images and logos on the Website which identify third parties and their products and services are subject to copyright, design rights and trade marks of such third parties.
5.5 Nothing contained in these Terms shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any intellectual property rights of E.G.L. or any third party.
5.6 This clause 5 shall survive the expiration or termination of these Terms.
6 NOTICE AND TAKE DOWN POLICY
6.1 If you wish to complain about any individual piece of content on the Website, be it either a post or a comment left by a Commentator, then please contact us using by using our “Contact us” page: http://europe.eurostar.com/contact outlining the nature of your complaint, quoting the content in full and specifying the URL of the page the content is on.
7 GENERAL PRACTICES REGARDING USE AND STORAGE
7.1 You acknowledge that E.G.L. may establish and from time to time, amend general practices and limits concerning use of the Website. You agree that E.G.L. has no responsibility or liability for the deletion or failure to store any Material.
8 VIEWING THE WEBSITE
8.1 If you view this Website from any place outside of England it is your responsibility to ensure that you comply with all the legal requirements of the country or place from which you are viewing the Website.
9 MODIFICATIONS TO WEBSITE
9.1 E.G.L reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that E.G.L. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
10 LINKS
10.1 The Website may provide, or third parties may provide, links to other world wide web sites or resources. Because E.G.L. has no control over such sites and resources, you acknowledge and agree that E.G.L. is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that E.G.L. 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 use of or reliance on any such content, goods or services available on or through any such site or resource.
11. E.G.L.’s PROPRIETARY RIGHTS
11.1 You acknowledge and agree that the Website and any necessary software used in connection with the Website (”Software “) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Website or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by E.G.L. or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Website or the Software, in whole or in part.
12 INDEMNITY
12.1 You agree to indemnify and hold E.G.L. and its subsidiaries, affiliates, officers, agents, co-branders and other partners, and employees, harmless from all claims, liabilities, losses, damages, demands, costs and expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of Material you submit, post to or transmit through the Website, your use of the Website, your connection to the Website, your violation of these Terms, or your violation of any rights of another.
13. DISCLAIMERS
13.1 You expressly acknowledge and agree that:
13.1.1 Your use of the Website is at your sole risk.
13.1.2 Any content downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
13.1.3 No advice or information, whether oral or written, obtained by you from E.G.L. or through or from the Website shall create any warranty or other obligation not expressly stated in these Terms.
13.1.4 E.G.L. disclaims any liability for the reproduction of the Website through a third party website or access to the Website obtained through a third party website or any user’s home page, which reproduction misstates or omits any of the content contained on the Website.
14 LIMITATION OF LIABILITY
14.1 E.G.L accepts no liability in respect of any material submitted by you and E.G.L. is not responsible for the content and accuracy of any Material.
14.2 You expressly acknowledge and agree that under no circumstances will E.G.L. be liable for any direct or indirect loss, cost or damage resulting from any of the following circumstances (regardless of the form of action): (i) the use or the inability to use the Website; (ii) unauthorised access to or alteration of your transmissions of data; (iii) statements or conduct of any third party on the Website; (iv) any access to any other material on the internet via links from this Website or (v) any other matter relating to the Website.
15 TERMINATION
15.1 You agree that E.G.L. may in its sole discretion and at any time terminate your use of the Website and remove and discard any Material from the Website. E.G.L. may also in its sole discretion and at any time discontinue operating the Website
15.2 This clause 16 shall survive the expiration or termination of these Terms.
16 NOTICES
16.1 Notices to you may be made via either e-mail or regular mail.
17 NEGATION OF AGENCY
17.1 Nothing in these Terms shall render you an agent, partner or employee of E.G.L.
19 RIGHT OF ANSWER
19.1 Any person referred to in any content contained on the Website may direct a right of answer to the publication director named in clause 19.
20 GOVERNING LAW
20.1 The Website (excluding links to third-party sites) is controlled and operated by E.G.L. from its offices in London, England. While E.G.L. has made no effort to publish the Website site elsewhere, because this site is published on the World Wide Web it is accessible in all countries outside of England. You and E.G.L. both benefit from establishing a predictable legal environment in which to publish, access and use the Website. Therefore, by publishing, accessing and/or using the Website, you and E.G.L. explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Website will be governed by the laws of England, without regard to its conflicts of law principles. You agree that all claims you may have against E.G.L. arising from or relating to the operation or use of the Website will be heard and resolved in a court of competent subject matter jurisdiction located in England. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.
