Terms and Conditions & Privacy Policy

Eurail Community Terms of Use

Version: 0.3

Thursday, 31 August 2023

What is the Eurail community

The Eurail community aims to offer a space where people who are passionate about our products can support and inspire each other by sharing information or advice. Eurail does not intend to intervene or influence the discussion unless it concerns the netiquette and basic rules of the community.

The Eurail community is located at http://community.eurail.com (hereinafter the “Eurail Community Site”) and is operated by Eurail BV (hereinafter “Eurail”), a Dutch corporation listed in the Utrecht Chamber of Commerce register under number 30206952, and whose registered office is located at Leidseveer 10, 3511 SB Utrecht, The Netherlands.

The present terms of use (hereinafter the “Terms”) shall rule the access to and use of the Eurail Community Site by unregistered visitors (hereinafter the “Visitors”) and registered users (hereinafter the “Users”).

By using the Eurail Community Site, Visitors and/or Users agree to abide by these Terms. In the event any Visitor and/or User does not have the capacity to agree to these Terms (this means that he/she is not of the legal age required or is under any legal protection measure such as legal guardianship), such Visitor and/or User warrants that he/she has parental authorization or such authorization required from their legal guardian giving him/her the permission to use the Eurail Community Site.

1. General code of conduct

Our community is there for everyone, however we want to make sure that the community offers a positive experience for all visitors. Therefore these general guidelines have been established. Should there be any questions or issues, please let us know via a mail to community@eurail.com.

We are here to help. If you are new to the Eurail Community and are unsure about anything, just ask! The Eurail moderators and other users are happy to help.

Be friendly. Users must treat one another with respect. Users will not post any racist, insulting, sexist, discriminatory, threatening or otherwise insulting comments, will not use coarse language, make inappropriate jokes or otherwise harass other users.

Stay on topic. Please do not change the subject of a discussion to something not intended by the original poster. Any off-topic posting or “hijacking” of threads will result in content being removed and ultimately can cause users to be denied access to the community.

Keep it spam-free. The Eurail Community is provided as a service to Eurail/Interrail customers (to be) and is not intended for the promotion of third party services, products, websites, or organizations. Please refrain from posting content that would constitute advertising, junk mail, spam, chain letters, or any other form of unauthorized solicitation.

Keep it legal. User may not post any material (i) that would infringe on any patent, trademark, copyright, or other proprietary rights of any party or disclose any trade secret (or other confidential information), (ii) that contains software viruses or any other computer code or files that are designed to disrupt, damage, or limit the functioning of any software or hardware, or (iii) that is deemed to be illegal by any local, state, federal, or international law.

Be careful. Most people are happy to help out on The Eurail Community, but remember that their advice is theirs only and that you are responsible for deciding whether or not to follow it. If the advice given by a user sounds wrong or risky to you, do not try it. In particular, if any user asks you for personal information, (telephone numbers, account number, address, password or credit card number, do not provide it.

Moderator actions. The Community Team reserves the right to change or remove content or to restrict access to individual users, should it be regarded as necessary. It is not allowed to discuss any Moderation actions in public, should you disagree with an action taken then please contact a Moderator or the Community Manager via private message.

2. Access to and availability of the Eurail Community Site

The Eurail Community Site can be accessed up to 24 hours a day and seven days a week, within the limit of the Terms.

In addition, EURAIL has the right to temporarily remove access to the Eurail Community Site, without prior notice or compensation, where necessary to carry out maintenance due to technological developments or ensure continuity of the Eurail Community Site. EURAIL is also entitled to shut the Eurail Community Site down permanently with no compensation payable. Any permanent shutdown of the Eurail Community Site will be notified via the same Eurail Community Site.

Access to Password Protected/Secure Areas Access to and use of password protected and/or secure areas of the website is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the website may be subject to prosecution.

Access and registration to the Eurail Community Site. Limited use of the Eurail Community Site by Visitors Visitors may only access the content that has been made available in public sections of the Eurail Community Site.

Visitors cannot publish content, nor interact with Users, EURAIL’s moderators, or EURAIL customer care service.

To get unrestricted access to all the content and features of the Eurail Community Site, Visitors have to register themselves by following the registration procedure.

You must be 16 years old or above to register and participate on the Eurail Community site.

Registration to the Eurail Community Site

In order to get unrestricted access to all the content and features of the Eurail Community Site, a Visitor must:

1. create a User name on the Eurail Community Site;

2. read and accept these Terms;

3. login with their email address and password;

Or

1.login with Facebook; If so desired, the User can also complete the specific profile settings information in the section “Settings” of the “My Profile” page of the User’s account on the Eurail Community Site.

The User certifies the accuracy of the information given to EURAIL for his registration and agrees to notify EURAIL about any modification.

Use of the Eurail Community Site by Users 

Users of the Eurail Community Site shall be able to:

• consult a forum, participate to a forum through posts, reactions and comments;

• post images, links, and other content in the conditions set forth in these Terms.

• interact with Users and/or EURAIL’s customer service through comments and/or private messages;

3. Visitors’ and Users’ liability

a) The User is solely liable for any messages, content, external link or information published by him on the Eurail Community Site. EURAIL is considered as an Internet service hosting provider only and cannot be held liable for the messages, content, external link(s), or information published by the Users on the Eurail Community Site over which EURAIL has no control or supervision at the moment of their publication.

So as to avoid being held liable, the User expressly agrees to ensure that any message, content, external link, or information published by him on the Eurail Community Site complies with the following (but not limited) requirements:

Such message, content, external link, or information, shall not:

•  infringe any third party intellectual property rights; therefore, the User agrees not to publish content on the Eurail Community Site that is protected under copyright law, a registered trademark or more generally any content protected by any other intellectual property rights held by third parties without the prior consent of the owner or owners of the said rights; contain any computer virus able to interrupt, destroy or affect the Eurail Community Site’s features;

• celebrate crime or criminal behavior or contain illegal or threatening messages or content of a pedophile, pornographic, defamatory, obscene, hateful, racist, anti-Semitic, xenophobic, revisionist nature or contrary to public order and good manners;
• infringe the right to private life or promote disrespect for human dignity;
• encourage violence, fanaticism, crime, suicide, hate linked to religion, race, sex, sexual preferences, ethnicity;
• harass other Users;
• promote or encourage any criminal activity or enterprise;
• request, collect, and/or disclose any personal information of any User of the Eurail Community Site for any purposes;
• transmit email chains, mass unsolicited emails, instant messages, advertising messages and spam messages;
• contain any advertising and/or canvassing in order to offer products and/or services to sell through the Eurail Community Site;
• contain any addresses or Internet links transferring to external website whose content violates any law and regulation in effect, infringes third party rights or is in breach of the Terms.

b) The User agrees not to use any automated system such as scripts for the purpose of following Users, posting comments, and/or sending messages.

c) The User is solely responsible for keeping his password safe and confidential; he further undertakes not to disclose his password at any time to any other User or use the account, name or password of any other User.

d) Should a Visitor or a User be in breach of the legislation or infringe any third parties’ rights, EURAIL would be within its rights to provide any information enabling or facilitating the identification of the offender at the request of any legal authority (courts, administrative authorities, and police forces).

Suspension and/or cancellation of a User’s account by EURAIL 

Without prejudice to any damages that EURAIL may claim, EURAIL reserves the right to suspend access to the Eurail Community Site by a Visitor or a User and/or delete his account on the Eurail Community Site without notice nor compensation, in the event the Visitor or User does not comply with the Terms and especially:

• has not yet turn into the legal age required to participate to Eurail Community
• infringes the Intellectual Property rights of EURAIL or any third-party,
• bypasses or attempts to bypass the technical measures of protection set up by EURAIL,                                    
• uses multiple simultaneous connections to the same account or attempts to do so,
• provides false information at the time of his subscription to the Eurail Community Site,
• has activities prejudicial to EURAIL’s commercial interests.

Eurail retains the right to remove content and limit users' access. Eurail does not generally edit, monitor or pre-screen content posted by users on The Eurail Community. However, Eurail retains the right, at its sole discretion, to limit any users' access to The Eurail Community and to remove material that, in Eurail' sole judgment, does not comply with these Terms of Use, or that is otherwise inappropriate, harmful, objectionable, or inaccurate. Moderators may take any action they deem necessary in their own judgment to support the Terms of Use. Such actions may include editing or deleting material and temporary or permanent banning of individual users.

To report violations, please use the Report Inappropriate Content feature or contact the Eurail Community moderators at: community@eurail.com. Please include the message board name and a link to the relevant post.

Private messages and moderator actions

Moderator actions and the contents of private exchanges with moderators, staff members and administrators should not be shared or discussed on the public forums. Such material will be removed by moderators. If you have questions or comments regarding moderator actions, contact the forum administrator, staff or moderators through private message or by sending an email to community@eurail.com.

Disclaimer of Warranties and Limitation of Liability

Users like you provide much of the material on the Eurail Community. Such third-party content is the sole responsibility of the person originating the material. Eurail does not control and is not responsible for this third-party material.

All information provided on The Eurail Community is provided "as is" without warranty of any kind, either expressed or implied. Eurail does not warrant or guarantee the accuracy, reliability, completeness, usefulness, non-infringement of intellectual property rights, or quality of any material in the community, regardless of the source of the material. Eurail and its suppliers will not be liable or responsible in any way for any content on The Eurail Community, including, but not limited to, any errors or omissions in the material, or for any losses or damage of any kind incurred as a result of the use of or reliance on any material.

Disclaimer of Liability on the Functionalities and Accessibility of Eurail Community the Visitor or User declares that he has been informed of the scope and limitations of the Internet network.

As a result, EURAIL disclaims all liability for any malfunction in accessing the Eurail Community Site, in the speed at which web-pages load, open and can be read, the temporary or permanent inaccessibility of the Eurail Community Site, and the fraudulent use by third parties of the information provided on the Eurail Community Site.

Therefore, it is the Visitor’s or User’s duty to protect his personal data and information or other equipment and hardware against any form of intrusion and/or virus contamination, for which EURAIL can never be held liable. EURAIL can never be held liable for any malfunction of or damage caused to the Visitor’s or User’s equipment.

More broadly, EURAIL disclaims any liability if a breach of any obligation results from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or fluctuations in heat, light, or air conditioning and more broadly any unstoppable and unforeseen event which prevents orders being carried out successfully.

EURAIL disclaims all liability should it transpire that the Eurail Community Site is incompatible with certain items of equipment and/or features of the Visitor’s or User’s equipment.

The Visitor or User is solely liable for his use of the Eurail Community Site and cannot hold EURAIL liable for any claim and/or proceedings against him. The Visitor or User shall be responsible for any claim, complaint or objection and more broadly any proceedings brought against EURAIL by a third party in relation to his use of the Eurail Community Site.

Finally, EURAIL disclaims any liability regarding the use or inclusion by any User or Visitor of any external hyperlinks on the Eurail Community Site, and which may link to other websites that are not owned or controlled by EURAIL. EURAIL has no control over, and assumes no responsibility for any content, privacy policies, or any rules of third party websites and is not liable for any loss or damage which may be incurred by any User or Visitor as a result of the availability of any external resources through such external hyperlinks.

4. Intellectual Property

The general structure of the Eurail Community Site and all elements composing it (to the exclusion of content provided by Users) such as but not limited to the logos, domain names, and their associated elements such as but not limited to photos, images, texts, visual packaging of any elements, are the exclusive property of EURAIL and/or its licensors. These elements are protected by intellectual property laws. Users may access and use these elements for the purpose of using the Eurail Community Site, in accordance with the Terms.

Any use of all or part of the Eurail Community Site and/or the elements composing the same (as described above), by any means, without the express consent of EURAIL, is forbidden and shall be treated as tantamount to infringement which is punishable by law.

Any hyperlink to the Eurail Community Site and use of the “framing” technique (programming technique offering the possibility to divide browser windows into different independent frames in order to display the content of an external website) or the “in-line linking” technique (programming to make one element extracted from another site disappear into a web-page, which saves storage space on the hard drive where the Eurail Community Site is hosted and enables to hide the initial content of which the element is part from an uninformed user) is strictly prohibited.

Limited License

Eurail hereby authorizes Users to copy materials published by Eurail on this website solely for non-commercial use within your organization in support of Eurail products. No other use of the information is authorized. In consideration of this authorization, Users agree that any copy of these materials which Users make shall retain all copyright and other proprietary notices in the same form and manner as on the original. Except as specified above, nothing contained herein shall be construed as conferring by implication, or otherwise any license or right under any patent, trademark , copyright or any other intellectual property right of Eurail or any third party. VISITORS OR USERS ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON THIS SITE FOR ANY PUBLIC OR COMMERCIAL PURPOSES.

Content included on this site and provided by or on behalf of Eurail (including but not limited to text, graphics, logos, images and forum posts) is the exclusive property of Eurail. By submitting your content to the Eurail Community you hereby grant to Eurail a worldwide, perpetual, irrevocable, royalty-free and fully-paid, freely transferable, sub licensable (through multiple tiers) right to exercise all copyright, publicity, and moral rights, in any media now known or not currently known, with respect to any content you provide to us in any public space on this website or in any email that you provide to us through this website or any other Eurail website. Please do not post content on the Eurail Community if you do not want to grant Eurail the above mentioned rights.

Trademarks

The trademarks, logos and service marks ("Marks") displayed within The Eurail Community are the property of Eurail or other third parties. Users are not permitted to use these Marks without the prior written consent of Eurail or such third party which may own the Mark. "Eurail" and all Eurail product names are trademarks of Eurail BV.

Links to Third Party Sites

The Eurail Community may contain links to third party sites. Access to any other internet site linked to this website is at the user's own risk and Eurail is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. Eurail provides these links merely as a convenience and the inclusion of such links does not imply an endorsement. Any links posted by you are subject to all terms and conditions like any other type of content posted to the Eurail Community. You may not post a link that directs users to any content or information that would constitute a violation of these Terms.

Amendments of the Terms

EURAIL has the right to modify the Terms at its sole discretion. EURAIL will inform the User via email to the address given on the User’s account, of any amendments of the Terms at least 2 (two) weeks before they come into effect.

Where the User does not accept these modifications, he will be free to cancel his account on the Eurail Community Site as set forth above.

Invalidity of any clause

Should any of the clauses of the Terms be declared void or voidable for any reason, the other clauses will still apply without any modification.

Customer service

For any information or query regarding the Eurail Community Site, you can contact EURAIL by clicking the link http://www.eurail.com/support.

Jurisdiction – Claims and disputes

The Terms are governed by Dutch law. Any claim relating to the application of these Terms of Use must be emailed to the EURAIL’s customer care service by clicking the link http://www.eurail.com/support, or sent by private message, to the Eurail Community team, for prompt processing.

In case of a dispute, the parties shall try to reach an out-of-court settlement. If no settlement can be reached, any claim regarding the validity, interpretation and/or execution of the Terms must be referred to the court in the jurisdiction of Utrecht – The Netherlands.

Eurail Privacy Policy

Community Site

Version 1.1

Thursday, 31 August 2023

Introduction

This privacy policy explains the reason for the processing of your personal data, the way we collect, handle, and ensure protection of all personal data provided, as well as how that information is used in relation to the Eurail Community Site.  Eurail processes your data as the data controller, strictly in accordance with contractual and regulatory obligations, and where processing activities are voluntary, based on the consent provided in this privacy policy. You can also find information on what rights you have in relation to your personal data and contact details on how you may exercise your rights.

For the purpose of this Privacy Policy the word:

Site or Platform, refers to the Eurail Community website

Eurail, We, Us (our), refers to Eurail B.V.

Service, refers to the functionalities of the Eurail Community

User or You (your), refers to the regular user of the Eurail Community

Note: Use of our Sites and Service are subject to terms and conditions per the Conditions of Use, and any undefined meaning in this Privacy Policy shall have the meaning given to it per our Terms and Conditions (“Terms”).

Data collected

The personal data collected and further processed are collected and generated through your interaction with the community site or our services as follows:

a) personal data provided for either (a) the registration by Users to the Eurail Community Site or (b) the communications of such Users with the Eurail’s customer care service. These Data involve as a minimum the Username, email address, date of birth and nationality; Any additional personal data provided is done so of your own free will and based on the legal processing premise of explicit consent;

b) personal data which is generated while Users use the Eurail Community Site, in particular technical data (such as the IP address of their computer or mobile device) and information relating to how users use the webpages on the Eurail Community Site and its features;

c) preferences of users which is voluntarily provided on the Eurail Community Site in the “Settings” section of their profile page (hereinafter the “Settings Page”).

Data processing activities

We process your personal data in accordance with the requirements for the processing of personal data laid down in relevant privacy legislation. We use your personal data as necessary for the performance of our Service as stated in our Terms and Conditions, to comply with our legal and contractual obligations, and to support our legitimate interests in maintaining and improving our Sites and Service.

If you reside or are using our Service in a territory governed by privacy laws which determine that “consent” is the only or most appropriate legal basis for processing personal data (in general, or specifically with respect to the types of personal data you choose to share via the Service), your acceptance of our Terms and of this Privacy Policy will be deemed as your consent to the processing of your personal data for the purposes detailed in this Privacy Policy, to the extent permitted under law in such territory. If you wish to revoke such consent, please contact us by email at privacy@eurail.com.  

We use your personal data for the following purposes:

To personalize and improve the use by Visitors and Users of the Eurail Community Site;

To ensure that the Users are older than 16;

To ensure that Users have access to the relevant forums based on the applicable Eurail brand (i.e. Interrail and Eurail)

• To analyse and create statistics regarding the use of the Eurail Community Site;
• To enable Eurail to send email notifications to the Users’ e-mail address with respect to their activity on the Eurail Community Site (for instance to confirm the creation of their account of the Eurail Community Site, notify when another User replied on a feed they have subscribed to, or if they received a private message). If Users do not wish to receive email notifications, they can change their account settings at any time by clicking the “Settings” section on their profile page;
• For Eurail to comply with applicable legal and regulatory obligations.

Data sharing

We share your data with our Partners, Service providers or other relevant third parties in accordance with legal requirements.  

We can provide your personal data to third parties for the following reasons:

We have engaged them for supporting us to provide our Service

This is required for performance of an agreement we concluded with you;

We have legitimate interests to do so;

We are legally obliged to do so (for example if the police demands this because of a suspicion of a crime).

The following third parties can process your personal data:

a) InSided, the community platform service provider, for the sole purpose of (a) the hosting and storage of the Eurail Community Site and the Data contained in it (b) the management of the Eurail Community Site operation, (c) the management of the processing and dispatching of Eurail’s notifications to the Users.

 b) Zendesk, our customer service support helpdesk, for the sole purpose of (a) processing a User’s specific request by the Eurail’s customer care service, and (b) send notifications from such service to such User.

Data security

Eurail attaches great importance to the security of the Data and takes all appropriate steps to minimize the risks of loss, damage or unauthorized use of this Data.

We implement and monitor security measures in place to protect your personal data. We secure your data using industry standards and best practices for physical, procedural and technical measures including:

Logical access control with complex passwords and identity authentication systems;

Employee awareness and training;

Data encryption;

Automatic logging of actions relating to personal data;

Least privilege access restrictions;

User access and rights monitoring.

Please be aware that regardless of any security measures used, we cannot and do not guarantee the absolute protection and security of any personal data stored with us or with any data recipients/ sub-processors as mentioned in this privacy policy.

Data location and retention

Eurail, InSided, and Zendesk, is located with the EU and your data is stored on servers located within the European Union.

We store your data for as long as necessary in accordance with our reasonable business needs as necessary for the performance of our aforementioned services, as well as in accordance with our legal obligation.

Cookies and third-party integration

Eurail and our third-party partners (as mentioned under Data Sharing) make use of cookies and other technologies for performance, analytics, and personalisation purposes.

Cookies are small information files that can be automatically stored on or read out from the device (including a PC, tablet or smartphone) of the website visitor, while visiting a website. This is done through the web browser on the device. The information that can be transmitted by a cookie, over the use of our website, can be transferred to the own secured servers of Eurail or to the servers of a third party.

How we use cookies 

Information we obtain from cookies are used to analyse our community interactions. We use this data to adjust the community to your personal preferences as well as when sending information about our products and services, we can take your previous interest for certain pages into account. 

You are asked to provide your explicit consent to cookies in the Community Cookie banner on your first time visiting the Community. You do not need to have cookies turned on to view forum postings. However, with cookies turned off or if you do not accept the cookie from the forum, you will not be permitted to sign in to the Eurail Community to post content or respond to postings. 

Cookie settings 

You choose which cookies you want to allow. If you have an account, you can adjust your choice in your profile settings. If you do not have an account, you can change your cookie settings by deleting them via the internet options of your browser and visiting the community again. You will then be asked to choose your settings again. There are 3 settings: Basic, Normal and Complete. 

Basic: Functional 

Normal: Functional + analytics 

Complete: Functional + analytics + social media + embedded videos 

Tracking / Analytics Cookies

We collect browsing data from you to continuously improve your experience.

Google Analytics is used analytical or tracking cookies for the purpose of creating statistics regarding traffic and uses of the various components of the Eurail Community Site, to create studies to improve the Eurail Community Site and its features.

If users do not wish for Google Analytics to collect or use their information, they can opt out here: Google Opt-Out

We will not spam you nor sell it to other parties. 

Disabling or removal of cookies 

At any time, a user can modify their preferences for cookies.

You can prevent the placement of cookies by adjusting the settings on your browser (see your browser Help for how to do this). Be aware that disabling cookies will affect the functionality of this and many other websites that you visit. Disabling cookies will usually result in also disabling some functionality and certain features of this website. Therefore, it is recommended not to disable cookies.

Most cookies have an expiration date. This means, that they will automatically expire after a certain period and no longer register any data concerning your visit of the website. Another option is to remove the cookies manually before the expiration data. To do this, consult the instruction manual of your browser.

Be aware, it is possible that not everything works or is displayed correctly when refusing cookies. 

“Do Not Track” requests

Some web browsers can send a “Do Not Track” request to websites telling them not to follow its online movements, because of differences in how web browsers interpret this feature, there is a lack of standardization and its not always clear whether visitors and Customers intent for these signals to be transmitted or whether they are aware of them at all. Therefore, as many other reputable websites and online platforms, we do not change our practices in response to a “Do Not Track” request from your browser or mobile application. However, your browser allows you to control cookies, including whether to accept them and how to remove them. You can also set most browsers to notify you if you receive.

Data subject rights

As an individual you have rights concerning your personal data. For all such personal data that we process as a Data Controller and detailed this privacy policy, you may exercise your rights by contacting us.

 If you have provided personal data via the Eurail community site, you can send us a request for insight, inspection, rectification, restriction, modification, data portability or deletion of your personal data. You can send this request to privacy@eurail.com. If you wish to only remove your Eurail community site account and not your Eurail account, kindly clearly indicate this in the email.

 To prevent abuse, we may ask you to provide proper proof of your identity.

Such additional data of requests and/or identify validation will be retained by us for legal purposes i.e., as proof of the identity of the person who submitted the request.

Minors

Minors under the age of 16 are not allowed to register and participate on the Eurail Community site.

Persons older than 16 but under the age of 18 may use our Community site only under the supervision of their parents or legal representatives.

We do not knowingly collect personal data from children. If we learn that a minor is using our Service without representation, we will attempt to block such use and make our best efforts to promptly delete any personal data stored with us with regard to the child.

Changes to this privacy policy

We may update our Privacy Policy from time to time as necessary. While we will timely provide notice of major modifications of the Privacy Policy, it is also your responsibility to periodically review the Privacy Policy. Any changes will, unless requiring your explicit consent, become effective immediately after they are posted on this page.

Please address any questions you may have regarding the Privacy Policy to the following address: privacy@eurail.com.