Terms and Conditions
GENERAL TERMS AND CONDITIONS OF SALE FOR THE VOYAGES-SNCF BENELUX WEBSITE
Voyages-sncf Benelux Sprl
Chaussée de Charleroi, 112
Registered Company No. RCB/HRB: 593 384
N° TVA BE 455 382 534
1. Acceptance of general terms and conditions
1.1 These terms and conditions apply to all services provided through this site by Voyages-sncf and to all agreements made between Voyages-sncf and the travel agency (hereafter « the user »), whose application has already been validated by the Voyages-sncf Sales Department.
1.2 Users of this website are invited to carefully read through these general terms and conditions that are referenced by hyperlink on every page of the site. Users are advised to download them or to print them and keep a hard copy.
1.3 Use of the Voyages-sncf website implies full and unequivocal acceptance of the underlying general terms and conditions.
1.4 Users are strongly advised to re-read the underlying general terms and conditions, every time that they visit this site, as Voyages-sncf reserves the right to modify them at any time and without prior notice.
2.1 Voyages-sncf Benelux SPRL (hereafter « Voyages-sncf ») is a Belgian company whose headquarters are located at Chaussée de Charleroi 112, 1060 Brussels, and whose business number is BE 0 455 382 534. Voyages-sncf is a subsidiary of Société Nationale des Chemins de Fer Français (SNCF).
2.2 « website » or « site » means the web pages that relate to the country of residence of the user and which can be viewed under voyages-sncf.eu or under any other domain name managed by Voyages-sncf.
2.3 « product or service » refers to products and services that are sold by Voyages-sncf, including international rail tickets and tickets for travel on the French rail network, and to any information that has been provided by Voyages-sncf.
3. Contractual Relations
3.1 Placing an order
Use of the ticket booking tool available through the site http://ireland.voyages-sncf.eu/ is strictly reserved for those travel agencies whose application has already been validated by the Voyages-sncf Sales Department.
The procedure for placing an order is as follows:
- Once the travel agency has registered its details on the site and its registration application has been validated by the Sales Department, the user can connect to the site by entering their login and password details. They will then be able to access the online booking tool ;
- Once the user has entered the details of their search they will be presented with a selection of products and services ;
- The user must then click on the products or services that they require ;
- A more detailed description of the products and services, including prices, will then be displayed;
- The user can, at any moment, check for and correct any errors, before proceeding with the booking
- The user agrees irrevocably to purchase the selected products and services, once they click on the icon:
« By checking this box, I am confirming that I wish to purchase the products that I have selected and that I accept the general terms and conditions and/or the specific sales conditions of the carrier or provider».
3.2 Confirmation of the order
Voyages-sncf will acknowledge receipt of the order by sending an email to the user, soon after the booking has been confirmed. This email confirmation represents the conclusion of the sales contract.
It is up to the user to make sure that all details entered at the time of placing the order are accurate so that the order may be processed correctly.
Voyages-sncf will not accept any responsibility for orders that are not fulfilled due to error or omission on the part of the user.
A record of the concluded contract will be kept by Voyages-sncf and can be viewed by the user if a complaint is raised. (cf. see below).
3.3 Refusal to accept an order
Voyages-sncf reserves the right to suspend or refuse an order, in the following cases:
- Incomplete or incorrect information given at the time of placing the order ;
- Failure to pay for previous orders or refusal of authorization by the user’s bank or other financial institution ;
- Orders which contain an unusually high number of products or services
Where the order is refused, Voyages-sncf will not accept any payment or will immediately refund the payment if it has already been processed.
4. Price and Payment
4.1 The Product or Service descriptions included on this website outline exactly what is included in the price of each Product or Service.
4.2 Prices are indicated in Euros and include all taxes but do not include postage costs, unless it is stated otherwise. Delivery charges are billed separately at the rates published on the site.
4.3 The payment of the price of goods or services is subject to the conditions set out in the framework accreditation agreement and the implementation agreements that have been signed by Voyages-sncf and the user. In certain cases, Voyages-sncf reserves the right to request either pre-payment or payment by direct debit.
4.4 Where the payment appears to be invalid, incomplete or non-existent, for whatever reason the sale of Products or Services will be cancelled, any costs arising will be charged to the user and civil or penal action may be taken against them.
4.5 In addition, the non-payment of products and services ordered will automatically and without prior notice result in the payment of interest to Voyages-sncf at the rate set by Directive 2011/7/EC. Voyages-sncf is also entitled to claim compensation for all recovery costs arising from non-payment of an amount equal to at least 10% of the amount due as well as reimbursement of legal fees calculated in a reasonable manner and this, notwithstanding the right of Voyages-sncf to claim for further damages.
All claims relating to products and services must be made in writing and either sent by post to Voyages-sncf Benelux, Customer Service, Chaussée de Charleroi 112 - 1060 Brussels or sent by email to the address specified in the « Contact » section of this website.
6. Responsibility of Voyages-sncf regarding the use of the site
6.1 Voyages-sncf will under no circumstances be held responsible for any kind of damage, direct or indirect, resulting from either fault or omission, particularly in the following cases:
- Unavailability of the site or technical dysfunction. Voyages-sncf can prevent users from accessing the site or any part of it, without warning, and/or modify its details, features and functionality ;
- If the site contains incomplete or inaccurate data or typographical errors. The use of this website is at the users’ own risk ;
- If use of the site could bring harm to the user or to his/her equipment, through viruses, hacker attacks or malicious programs or elements.
6.2 Voyages-sncf does not guarantee that the site and the products and services available through it will be compatible with the users’ own IT system.
6.3 The website may contain links to third party websites. These links are provided solely as a convenience to the user. Voyages-sncf assumes no responsibility for the content of these third party websites to which the user may be re-directed via the hyperlinks. Voyages-sncf does not assume any responsibility for third party websites and does not have any control over the accuracy of content or material included on such websites. Accessing such websites is undertaken at the sole risk of the user.
6.4 Voyages-sncf disclaims all liability for direct or indirect damage caused by its fault or omission, following the supply of faulty services or products. The user must send such claims and complaints concerning transport services, directly to the transport providers and not involve Voyages-sncf.
6.5. The user exonerates Voyages-sncf from all claims and demands for compensation, made by a customer of the user.
6.6 In the event that Voyages-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 Voyages-sncf for the products or services which caused the damage. Furthermore, Voyages-sncf will not be held responsible for indirect loss or damage, loss of profit, loss of goodwill, damage caused by interruption of business activities, distortion or loss of data.
7.1 Unless otherwise agreed, products or services that have been ordered will be delivered to the address that was specified by the user at time of booking and the user alone is responsible for receiving the delivery. It will be up to the user to decide whether or not there will be sufficient time for the order to arrive by regular post, after considering the amount of time between the booking date and the date of travel.
7.2 Unless otherwise stated on the site, delivery by regular post will be within 4 working days of placing the order. Delivery deadlines, however, are approximate and any failure to deliver within such deadlines will not be deemed to be the responsibility of Voyages-sncf.
Notwithstanding any other evidence presented by the user, it is agreed that the records stored in the computer systems of Voyages-sncf or its co-contractors can be presented as proof of communications between the parties.
9. Protection of the site
9.1 Voyages-sncf is holder of the intellectual property rights relating to the site (the name « Voyages-sncf », text, layout, graphic elements, logos, etc.)
9.2 Any reproduction, publication through any means, adaptation, translation, modification or use of the contents of this website, even in part, is prohibited without the preliminary, written consent of Voyages-sncf.
10. Protection of the privacy of the customers of users of this site
10.1 Voyages-sncf is concerned about the protection of the privacy of the customers of users of this site and has set up some security measures to protect the personal data of the customers of the users of this site.
10.2 Voyages-sncf captures the following personal data:
- All personal data relating to orders and payments, including name, address, email address and telephone number…;
- Any other personal data that the user has communicated to Voyages-sncf.
- Completing the customers’ order and processing payment ;
- Contacting the customers of users, for marketing purposes, including the sending of newsletters; (The customers of users, as data subjects, are given the opportunity to “opt-in” prior to being contacted by any form of marketing communications carried out by Voyages-sncf.) providing the customers of users with information on Voyages-sncf, its products and services and its website.
- It is the responsibility of the user to obtain the freely given and informed consent of its customers prior to transmitting the customers’ personal data to Voyages-sncf for processing and use for the purposes set out in this clause 10.3, and the user shall indemnify Voyages-sncf for any loss or damage that Voyages-sncf suffers (including any statutory fine or damage to reputation) by reason of the user transmitting personal data without having obtained the customer’s consent, or without clearly communicating to Voyages-sncf the extent of the consent that has been given by the customer and whether the customer has opted-in to receiving marketing communications.
10.4 Voyages-sncf reserves the right to communicate the personal data of the customers of users to its partners or to organizations to whom it is contractually bound, a list of whom can be found on the website. This also includes affiliates and foreign business partners.
10.5 The user must make his customers aware of how Voyages-sncf will use this data as well as informing them that they may have access at any time to their data being held by Voyages-sncf. The customers of the website user, whatever its prior consent and at any time, also have the right to amend, cancel or block inaccurate, incomplete or irrelevant data and to oppose the use of their details for direct marketing purposes. To do this they should get in touch via the « Contacts » section on the Voyages-sncf site.
11. Obligations of the site user
11.1 The user shall:
(a) not use the Voyages-sncf website for illegal purposes or for purposes that could cause damage to the rights of Voyages-sncf or to those of third parties. In particular, the user should not use the site to disseminate information that is illegal, harmful, indecent, discriminatory or offensive to Voyages-sncf or third parties.
(b) not disturb the access to or functioning of the website, neither gain or attempt to gain any unauthorised access to the IT systems of Voyages-sncf, nor modify the site or use the site to transmit viruses, hacking attacks, worms etc ;
(c) respect the general terms and conditions of use ;
(d) have access to the information regarding Voyages-sncf which are described as mandatory by Directive 2000/31/EC. These information are available on its website and in the present terms and conditions.
11.2 In the case of non-compliance by the user, Voyages-sncf reserves the right to prohibit and block access to the site with immediate effect and to claim damages.
12.1 The fact that Voyages-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.
12.2 In case one of the clauses included in these general terms and conditions is declared to be null and void or un-enforceable, this will not affect the validity of the other clauses, unless the clause declared null and void was essential and decisive to this agreement.
13. Applicable law and jurisdiction
13.1 All disputes regarding the use of the Voyages-sncf site or regarding the products or services ordered on the Voyages-sncf site are subject to Belgian law. The application of the Convention of 11 April 1980 on the International Sale of Goods is excluded.
13.2 Only the courts of the judicial district of Brussels are competent to rule over such disputes.