Uber Trains Terms and Conditions

===

Uber BV

Additional Terms – Uber Trains

1. About Us

We are UBER BV, a private limited liability company established in the Netherlands having its offices at Burgerweeshuispad 301, 1076 HR Amsterdam, Netherlands, with registered number 56317441 (“Uber”, ”us”, "we"). You can contact us at help.uber.com.

2. Uber Trains Terms

2.1 These Uber Trains Terms and Conditions (“Uber Trains Terms”) govern your access and use of the portal made available by Uber and powered by our business partners, that enables you to check timetables and ticket prices for a wide range of train journeys and make bookings directly for transportation tickets and products and services provided by independent third-party transportation service providers (“Transportation Service Providers”) in Spain through the Uber platform (“Uber Trains”). The booking service that Uber provides to enable you to search and book tickets is the “Uber Trains Booking Service”. Uber is not responsible for the products and services provided by third parties, which in this case includes the transportation services being offered, or for the terms and conditions (including financial terms) under which those products and services are offered. Uber will not verify and cannot guarantee that all information is accurate, complete, or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade, or maintenance of our platform or otherwise), inaccurate, misleading, or untrue information, nor non-delivery of information.

2.2 Please read these Uber Trains Terms carefully prior to using Uber Trains. These Uber Trains Terms include information about Uber Trains (including the Uber Trains Booking Service) and how you can manage your booking, including about changes, refunds and cancellations and payment. By using Uber Trains (even when just browsing) you confirm your agreement to be bound by the Uber Trains Terms. If you do not agree to the Uber Trains Terms, you may not access or use Uber Trains.

2.3 Uber may immediately terminate these Uber Trains Terms or Uber Trains with respect to you, or generally cease offering or deny access to Uber Trains or any portion thereof, at any time for any reason.

2.4 Capitalised terms used in this Uber Trains Terms but not defined have the meanings given to them in the General Terms of Use.

3. Other terms apply

3.1 Where you choose to use and access Uber Trains, the General Terms of Use apply.

3.2 Your access and use of Uber Trains is also governed by all applicable Transportation Service Provider terms and conditions, policies, limitations and requirements, including in relation to the transportation service provided to you by the Transportation Service Provider, and may include provisions relating to liability, changes, cancellations and refunds (if available) and any other restrictions. Uber is not responsible for these terms and conditions.

3.3 If, and then only to the extent that the General Terms of Use, or other applicable terms are inconsistent with these Uber Trains Terms, these Uber Trains Terms will prevail only with respect to Uber Trains.

4. Privacy

4.1 Uber collects, uses and discloses personal data from or about you as described in Uber’s Privacy Notice.

4.2 We also may share your personal data with the relevant Transportation Service Provider(s) in order to provide the services you contract. By using the Uber Trains Booking Service (even when just browsing), you are also acknowledging that you have read and understood the Uber & Transportation Service Providers Data Sharing Policy.

4.3 Transportation Service Providers will process your personal data in accordance with their own privacy practices and processes. Uber is not responsible for these.

4.4 Uber will also disclose your personal information to the service provider responsible for managing certain reimbursements, compensations, and customer support services on behalf of the transportation service provider.

5. Contractual relationships

Uber

5.1 Your agreement to the Uber Trains Terms establishes a contractual relationship between you and Uber for use of the Uber Trains Booking Service. The Uber Trains Booking Service is an Uber Provided Service as described in the Uber Provided Services section of the General Terms of Use. Uber is only responsible for the Uber Trains Booking Service, to the extent laid out in the Uber Trains Terms.

Transportation Service Providers

5.2 The provision of transportation services by Transportation Service Providers is a Third Party Service as described in the Third Party Services section of the General Terms of Use.

5.3 Uber only acts as an intermediary between you and the Transportation Service Providers. This means you enter into a direct, legally binding contractual relationship with the Transportation Service Provider with whom you book a transportation ticket or purchase a product or service, under the Transportation Service Provider's applicable terms and conditions.

5.4 You agree to comply with all terms and conditions imposed by any Transportation Service Provider with whom you select to book a transportation ticket, including, but not limited to, payment of all amounts when due, and compliance with the Transportation Service Provider’s rules and restrictions regarding, amongst others, fares and use of products or services.

5.5 We strongly advise that you read these Transportation Service Provider terms and conditions carefully.

5.6 Uber does not provide the transportation service and is not a party to your contract with the Transportation Service Provider. You acknowledge that your ability to purchase transportation tickets through the use of Uber Trains does not establish Uber as a (i) a provider of transportation services, or (ii) as a transportation carrier. You further acknowledge that all such transportation services are provided by independent third parties who are not employed by Uber or any of its affiliates. You agree that Uber has no responsibility or liability to you related to any such Third Party Services other than as expressly set forth in these Uber Trains Terms.

6. Content displayed on Uber Trains

6.1 The information displayed on Uber Trains is based on the information provided to us by Transportation Service Providers or business partners acting on behalf of Transportation Service Providers. As such, although we will use reasonable skill and care in offering Uber Trains, we will not verify and cannot guarantee that all information is accurate, complete, or correct, nor can we be held responsible for any errors including manifest and typographical errors, any interruptions, repair, upgrade, or maintenance of our platform or otherwise, inaccurate, misleading, or untrue information, nor non-delivery of information. Each Transportation Service Provider remains responsible at all times for the accuracy, completeness, and correctness of the information, including the rates, fees, prices, policies, conditions, availability and other relevant information that gets displayed on Uber Trains.

6.2 Uber Trains is made available for personal and non-commercial use only. Therefore, you are not allowed to resell, deep link, use, copy, monitor (e.g. spider, scrape), display, download, or reproduce any content or information, software, reservations, tickets, products, or services available on Uber Trains for any commercial or competitive activity or purpose.

7. Uber Trains Requirements

As a condition of your use of Uber Trains, you warrant that: (i) you will use Uber Trains in accordance with these Uber Trains Terms and General Terms of Use; (ii) you will only supply information that is true, accurate, current and complete;you will not authorise third parties to use your account to access and use Uber Trains; (iii) you agree to comply with all applicable laws when accessing or using Uber Trains; you will only access or use Uber Trains for lawful purposes; and you will not in your access or use of Uber Trains cause nuisance, annoyance, inconvenience, or property damage, whether to Service Providers or any other party.

8. Fees and Payment

8.1 Transportation tickets, service and providers:

8.1.1 In order to book a transportation ticket on Uber Trains, you will be required to provide a payment method at the time of booking. The transportation ticket charges will be subject to the Transportation Service Provider’s applicable terms and conditions.

8.1.2 Additional fees may also be charged by Transportation Service Providers, under their applicable terms and conditions (for example, a ticket amendment fee). If so, Uber will charge these to you. Please check the Transportation Service Provider terms and conditions carefully.

8.2 Uber Trains Booking Service:

8.2.1 Uber may charge you fees on top of your transportation ticket price (for example, a booking fee), provided that Uber shall always highlight these to you during the booking process. Unless otherwise stated, these fees are non-refundable, as these are in consideration for the Uber Trains Booking Service provided to you.

8.2.2 Uber may also charge you fees for processing ticket amendments or refunds (for example, a refund administration fee), provided that Uber shall always highlight these to you during the customer support process. These are further described in section 11.5 below. These fees charged by Uber are non-refundable, as these are in consideration for the Uber Trains Booking Service provided to you.

8.3 Please see the Charges and Payment section of the General Terms of Use for additional terms regarding payments.

8.4 Transportation ticket prices or any other fees as set out above in this section do not include fees that may be charged by your bank. Please contact your bank directly for inquiries.

9. Uber Trains Booking Service

Getting your transportation ticket

9.1 Once you have booked your transportation ticket, and subject to section 9.3, Uber will provide to you your transportation tickets, or instruction to print or collect your transportation tickets, to you as soon as possible, and in any event always before your train departs.

9.2 The delivery options for transportation tickets are determined by the Transportation Service Provider. Uber will let you know the options available to you during the booking process and give you any relevant information and instructions. Delivery options may vary between Transportation Service Providers and transportation services.

9.3 Some Transportation Service Providers require that they send you your tickets directly themselves. Where this is the case, Uber is not responsible for providing you with the transportation ticket(s). We will inform you at the time of booking if a Transportation Service Provider will send you your transportation tickets directly.

Changes, cancellations and refunds of transportation tickets

9.4 Depending on your Transportation Service Provider and transportation ticket type, you may be able to either cancel or change your transportation ticket, with or without a fee, for a partial or full refund of payments made. While Uber will tell you the key conditions before you purchase, it is also important that you check the applicable Transportation Service Provider terms and conditions directly.

9.5 If permitted by the applicable Transportation Service Provider terms and conditions, in most circumstances, you can request refunds and make changes to your booking online via the Uber app, customer phone support channel or https://help.uber.com/ (“Uber Help Channels”). However, some Transportation Service Providers request that you manage your booking directly with them. In some cases you may also be able to cancel directly with the Transportation Service Provider, in which case Uber may no longer be able to provide customer support to you in relation to the relevant transportation tickets.

9.6 Subject to any stricter timelines set out in the Transportation Service Provider terms and conditions, changes or cancellations processed through the Uber Help Channels are not guaranteed if your request is submitted less than 24 hours prior to departure.

9.7 You will need to pay for any difference in cost for your new transportation ticket (if applicable) and any fees to change, cancel or refund your transportation ticket(s), if any, as detailed in the applicable Transportation Service Provider terms and conditions.

9.8 If you have any questions about changes, cancellations or refunds, or if you think there’s an error with your booking, please contact Uber.

9.9 Please also see the Cancellation section of the General Terms of Use for terms that apply with respect to cancellations.

10. Disclaimer

10.1 Uber Trains is provided "as is" and "as available." Uber disclaims all representations and warranties, express, implied, or statutory, not expressly set out in these Uber Trains Terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, Uber makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of Uber Trains or any services or goods provided through Uber Trains by Transportation Service Providers, or that Uber Trains will be uninterrupted or error-free. Uber will not be responsible for any inaccuracy relating to the information displayed on Uber Trains. Uber does not guarantee the quality, suitability, safety or ability of Transportation Service Providers.

10.2 Uber Trains does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification, rating, or type of accommodation of any Transportation Service Provider’s products or services made available, unless explicitly indicated otherwise.

11. Your liability and indemnity

11.1 You are liable for any damage suffered by us as a result of your violation of the Uber Trains Terms, your misuse of the Uber Provided Services or Third Party Services provided in connection with Uber Trains or your violation of any laws or third party rights. You are liable for all activities conducted through your account unless such activities are not authorised by you and you are not otherwise negligent.

11.2 You agree to indemnify, defend (at our option) and hold us and our respective officers, directors, and employees harmless from and against all claims, liabilities, expenses, damages, penalties, fines, social security contributions and taxes arising out of or in connection with: (i) your breach of any of these Uber Trains Terms; (iii) your breach of applicable law; (v) any third party claims directly or indirectly related to your use of Uber Trains and/or the Uber Provided Services or Third Party Services, including from Transportation Service Providers, in each case to the extent the such are not directly caused by Uber’s or its affiliates actions.

12. Limitation of Liability

12.1 Nothing in these Uber Trains Terms limits or excludes any liability which cannot legally be limited or excluded, including liability for death or personal injury caused by our negligence and liability for fraud or fraudulent misrepresentation or alters your rights as a consumer that cannot be excluded under applicable law.

12.2 Uber, its affiliates, directors, officers, employees, workers, agents and/or subcontractors are not liable for any damages, losses or costs arising out of or in connection with:

12.2.1 the Third Party Services provided or offered in connection with Uber Trains by Transportation Service Providers, including but not limited to the quality of any transportation service;

12.2.2 any acts, errors, omissions, representations, warranties or negligence of any Transportation Service Providers;

12.2.3 any personal injuries, death, property damage or other damages or expenses resulting from section 12.2.1 and 12.2.2;

12.2.4 any transaction between you and any Transportation Service Provider or other in connection with Uber Trains;

12.2.5 any unavailability of, or inaccuracy relating to, the information displayed on Uber Trains (including fares) of the Transportation Service Provider; or

12.2.6 any delay or failure in performance resulting from causes beyond Uber's reasonable control.

12.3 Uber, its affiliates, directors, officers, employees, workers, agents and/or subcontractors are not liable for any: (i) loss of profits; (ii) loss of sales or business; (iii) loss of agreements or contracts; (iv) loss of anticipated savings; (v) loss of use or corruption of software, data or information; (vi) loss of or damage to goodwill and (vii) indirect or consequential loss, in each case arising from your use of or reliance on, or inability to use or access, or delay of Uber Trains (including the Uber Trains Booking Service), whether based in contract, tort (including negligence, misrepresentation), breach of statutory duty, restitution or otherwise, and even if Uber have been advised of the possibility of such damages.

12.4 Please see the Limitation of Liability section of the General Terms of Use for details on the limit of our total liability to you under these Uber Trains Terms.

13. Changes to these Uber Trains Terms

Uber may in its sole discretion change the Uber Trains Terms or any aspect of Uber Trains, or cancel Uber Trains at any time without notice to you. To the maximum extent permitted by law, your continued use of Uber Trains after the effective date of the revised Uber Trains Terms constitutes your acceptance of the terms. If you do not agree with the changes, you are free to stop using Uber Trains at any time.

14. Dispute Resolution

Uber may make available to users acting as consumers a mediation system for consumer disputes related to the Apps/Website Services or these Terms with a view to their amicable resolution. Pursuant to Article 57 et seq. of Royal Legislative Decree 1/2007 of November 16, 2007, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, for any dispute of a contractual nature related to the Apps/Website Services that could not be resolved in the context of a complaint previously submitted to Uber's customer service, consumers may resort to the Consumer Arbitration System free of charge. Eligible consumers may also submit complaints about our Services or these Terms to the European Commission's online dispute resolution platform, accessible here in accordance with Regulation (EU) No. 524/2013 of 21 May 2013. Uber does not undertake to use an online dispute resolution platform to resolve consumer disputes.

15. General

15.1 Terms not expressly provided herein are governed by the General Terms of Use.

15.2 The invalidity of any provisions in these Uber Trains Terms does not affect the validity and enforceability of the rest of these Uber Trains Terms. Any such invalid, illegal or unenforceable provisions shall be deemed deleted.

15.3 Uber’s failure to enforce any right or provision in these Uber Trains Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Uber in writing

15.4 Uber may assign, subcontract or transfer these Uber Trains Terms or any of our rights or obligations in them, in whole or in part, without your prior consent, provided this will not lead to a reduction of the rights you are entitled to by virtue of these Uber Trains Terms or by law. We will tell you if this happens. You may not assign, subcontract or transfer these Uber Trains Terms.