Benefits Portal - Terms and Conditions
Below you will find the terms and conditions which govern your access and use of the Benefits Portal, including the use of all Benefits. Please review the terms and conditions before using the Benefits Portal and any Benefits.
1 The Benefits Portal
1.1. Who owns the Benefits Portal?
1.1.1. The benefitsportal.eurail.com website (the “Benefits Portal”) is owned and operated by Eurail B.V. (“Eurail”, “we”, “us”, “our” and “ourselves”).
1.2. About the Benefits Portal
1.1.2. We have partnered with a number of third parties (“Benefits Partner(s)”) to provide holders of a Eurail or Interrail Pass (“Pass Holders”) with an opportunity to access and use benefits which complement the Pass, ranging from discounts to free products and services (the “Benefits”).
1.1.3. All Benefits available to Pass Holders may be found on the Benefits Portal.
2 Acceptance of our terms and conditions
2.1. The Terms and Conditions
2.1.1. Your use of the Benefits Portal and of any Benefit listed in the Benefits Portal are governed by these terms and conditions (“Terms and Conditions”).
2.2. Agreement
2.2.1. By using the Benefits Portal and any of the Benefits, you agree to be bound by these Terms and Conditions.
2.2.2. If you do not agree to any condition found herein, you must not use the Benefits Portal or any Benefit.
2.3. Changes
2.3.1. From time to time, we may change these Terms and Conditions. Any change will be effective from the time they are published on the Benefits Portal.
2.3.2. Where a change is made, your continued use of the Benefits Portal deems that you have accepted the changed Terms and Conditions.
3 The Benefits
3.1. Information about the Benefit
3.1.1. We prepare each Benefit webpage using information and material provided to us by each of the respective Benefits Partners (the “Benefits Content”). The Benefits Content is any information and material in relation to a Benefit and may include, but is not limited to, background information about the Benefits Partner, eligibility requirements, inclusions with the Benefit and redemption instructions.
3.1.2. We do not check or verify if the Benefits Content is correct, complete and timely.
3.1.3. Although we have prepared the Benefits Portal with the greatest possible care, we do not guarantee that the Benefits Content is correct, complete and timely. We assume no responsibility for the same. If you identify any incorrect information, we would be grateful if you could let us know by contacting our Customer Service team via this link .
3.2. Changes to the Benefits Content
3.2.1. The Benefits Content is subject to change at any time and without prior notice.
3.3. Changes to available Benefits
3.3.1. We reserve the right to add, remove and alter any Benefit at any time and without prior notice.
3.4. How do you redeem a Benefit?
3.4.1. You may find redemption instructions on each of the respective Benefit webpages found on the Benefits Portal.
3.5. Who is the provider or supplier of the Benefit?
3.5.1. All Benefits are provided or supplied by the Benefits Partners.
3.5.2. We do not provide or supply any of the Benefits ourselves.
3.6. Contractual and legal relationship
3.6.1. When you book or arrange a Benefit, you do so directly with the Benefits Partner. We are not a party to any contract between you and the Benefits Partner nor do we have any responsibility or liability to perform any obligation under such a contract.
3.6.2. Beyond these Terms and Conditions, your use of the Benefits Portal and of any Benefit does not create any kind of legal relationship between you and us (including, but not limited to, agency, partnership, joint venture or employment) nor do we have any kind of fiduciary duty to you and neither you or us have any authority of any kind to bind the other in any respect.
3.7. Payment
3.7.1. All payments that you must make in relation to a Benefit must be paid directly to the relevant Benefits Partner. We will not accept nor arrange any payment that you must make in relation to a Benefit.
4 Eligibility to use a Benefit
4.1. The minimum requirements
4.1.1. To use any Benefit, you must meet the following minimum eligibility requirements:
(a) You must be a Pass Holder.
(b) You may only use a Benefit during the validity period of your Pass. This requirement does not prevent you from booking or arranging the Benefit with the Benefits Partner prior to the selected validity period.
(c) Your Pass must be valid in the country where the Benefit is to be provided or supplied.
(d) If the Benefit is to be provided or supplied in multiple countries:
i. where the Benefit is a discount on an international shipping line, your Pass must be valid in the country of departure or the country of arrival; or
ii. where the Benefit is free access on an international shipping line, your Pass must be valid in both the country of departure and the country of arrival.
5 Additional Benefit terms and conditions
5.1. What are the applicable terms and conditions to each Benefit?
5.1.1. In addition to these Terms and Conditions, your use of each Benefit is subject to the following:
(a) The terms and conditions stated in the Benefits Portal on the webpage for the Benefit (“Individual Benefit Terms and Conditions”); and
(b) Any terms and conditions imposed by the Benefits Partner providing or supplying the Benefit (“Benefits Partner Terms and Conditions”).
5.1.2. You must review the Individual Benefit Terms and Conditions and the Benefits Partner Terms and Conditions and determine whether they are right for your personal circumstances and any trip plans you have made for your trip.
5.1.3. It is your sole responsibility to ensure that you are complying with both the Individual Benefit Terms and Conditions and the Benefits Partner Terms and Conditions.
5.2. What if the terms and conditions are inconsistent?
5.2.1. Except as otherwise provided by these Terms and Conditions, to the extent of an inconsistency between any of the terms and conditions referred to in clause 5.1.1., the former takes precedence over the latter in the following descending order:
(a) the Benefits Partner Terms and Conditions;
(b) the Individual Benefit Terms and Conditions;
(c) these Terms and Conditions.
5.3. Exception to the order of precedence
5.3.1. Notwithstanding the order of precedence in clause 5.2.1. above, despite any condition to the contrary found in either the Individual Benefit Terms and Conditions and/or the Benefits Partner Terms and Conditions, we:
(a) are never a party to the agreement between you and a Benefits Partner; and
(b) will never provide or supply any Benefit ourselves; and
(c) will never accept nor arrange payment in relation to a Benefit; and
(d) are never liable to a higher degree or amount than what is established in clause 10 of these Terms and Conditions
6 Intellectual Property
6.1. Ownership
6.1.1. All content on the Benefits Portal, including, but not limited to, the Benefits Content and all other text, images, photographs, videos, colour combinations, layout, design, logos and computer code are owned by us and/or our licensors. All content is subject to intellectual property rights, including, but not limited to, copyright, trademark and patents.
6.1.2. Access to the Benefits Portal and use of any Benefit does not entitle you, or any other individual or legal person, to any rights.
6.2. No permission to copy, distribute or use
6.2.1. We do not give you permission to copy, distribute or use any of the content found on the Benefits Portal for any purpose outside of the intended purpose.
7 Using the Benefits Portal
7.1. Restrictions
7.1.1. You must not:
(a) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure;
(b) interfere or attempt to interfere with the proper working of the Benefits Portal;
(c) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Benefits Portal (or other accounts, computer systems or networks connected to the Benefits Portal);
(d) run any form of auto-responder or “spam” on the Benefits Portal;
(e) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Benefits Portal;
(f) harvest or scrape any content from the Benefits Portal; or
(g) otherwise take any action in violation of these Terms and Conditions or any other guidelines and policies that we impose.
8 External Websites
8.1.1. The Benefits Portal contains links to websites owned and operated by third parties (“External Websites”). We have not investigated or analysed nor do we exercise any control or influence of the External Websites.
8.1.2. When you access and use any External Website (including, but not limited to, the purchasing or booking of any Benefit), you do so under the terms of that External Website and at your own risk.
8.1.3. The inclusion of any link to an External Website does not imply any association between us and the operator of the External Website nor shall it constitute or be construed as our endorsement.
9 Privacy and cookies
9.1.1. Any and all personal data that we collect when you interact with the Benefits Portal will be handled in accordance with our Benefits Portal Privacy Policy.
10 Liability and Disclaimer
10.1. Disclaimer of liability
10.1.1. To the extent permitted by law, we do not accept any liability for any loss or damage arising from or in connection with any of the following:
(a) the provision and/or supply of a Benefit by a Benefits Partner;
(b) any agreement or contract that you conclude with a Benefits Partner;
(c) the Benefits Content;
(d) the non-availability of a Benefit;
(e) the addition, removal or alteration of any Benefit;
(f) your use of the Benefits Portal;
(g) your accessing and use of an External Website;
(h) a disruption to the Benefits Portal (or any part thereof) as a result of a technical failure or general maintenance;
(i) our failure to perform any obligation under these Terms and Conditions where such a failure is the result of any cause which is beyond our reasonable control;
(j) any other event which is beyond our control.
10.2. Limitation of Liability
10.2.1. Despite clause 10.1.1., if we are found liable for any loss or damage in connection with the Benefits Portal or the provision or supply of any Benefit, then our liability is limited to the value of your Pass.
11 Miscellaneous
11.1. Governing Law and Jurisdiction
11.1.1. To the extent permitted by law, these Terms and Conditions are to be governed by and construed in accordance with the laws of the Netherlands, including any applicable EU law.
11.1.2. In case of dispute, we will look to resolve the matter amicably through our Customer Service team. Any eventual litigation shall be remitted to the exclusive competence of the courts of Utrecht.
11.2. Severability.
11.2.1. If any condition of these Terms and Conditions is found to be unenforceable or invalid, the remaining conditions shall remain unaffected and enforceable in full.
11.3. No waiver
11.3.1. Our failure to enforce any part of these Terms and Conditions shall not constitute a waiver of our right to enforce that part or any other part of these Terms and Conditions. In order for any waiver of compliance with these Terms and Conditions to be binding, we must provide you with written notice of such waiver through one of our authorised representatives.
11.3.2. The failure of either party to exercise any right accrued under these Terms and Conditions shall not be deemed a waiver of that right or any further right which may be accrued under these Terms and Conditions.
11.4. Notices.
11.4.1. Unless otherwise specified in these Terms and Conditions, all communications under these Terms and Conditions must be made by way of email to partnerships@eurail.com.
Effective Date of Terms and Conditions: 1/07/2024