Terms of Use

Terms and Conditions of Use

PREAMBLE

The website of SNCF Voyagers Mediation (hereinafter the « Site ») is owned by SNCF Voyagers Mediation.

The Director of Publication is Catherine BROUARD-GALLET, Consumer Mediator at SNCF Voyagers.

These Terms and Conditions of Use (hereinafter « TCU ») aim to define the conditions of access and rules of use for the SNCF Voyagers Mediation website, accessible at the following link: mediation.sncf-voyageurs.com

Access to the Site is subject to compliance with these TCU. Access to the Site is strictly reserved for the User as defined in these TCU.

SNCF Voyagers Mediation (hereinafter the « Publisher ») reserves the right to modify or update these TCU at any time, notably to comply with any legal, jurisprudential, editorial, and/or technical changes, as well as any potential modifications to the SNCF Voyagers Mediation process.

The User must regularly check the latest version of the T&Cs available at all times on the Site.

In case of a significant modification of the T&Cs, a window displaying the modified T&Cs will appear. The User must accept the new T&Cs by ticking the box “By ticking this box, I acknowledge that I have read the Terms and Conditions of Use of the Site, and I accept them without reservation ”.

If the User does not accept the T&Cs, they will not be able to access the Site.

ARTICLE 1 – DEFINITIONS

Within these T&Cs, words or expressions starting with a capital letter will have the following meanings:

  • Publisher: refers to the SNCF Voyageurs Mediation
  • Host: refers to SNCF – e.SNCF Solutions
  • Information(s) : refers to all contract information, texts, drawings, and graphics available on the Site.
  • Site: refers to the site offered by the Publisher on the internet at the address mediation.sncf-voyageurs.com
  • User(s): refers to any person who has access to the Site, regardless of their location and connection method.

ARTICLE 2 – PURPOSE OF THE SITE

The purpose of the Site is to provide Users with information about SNCF Voyageurs Mediation, its regulations, scope, process, and the SNCF Voyageurs Mediator.

Any use of the Site will be subject to these Terms of Service (CGU).

ARTICLE 3 – ACCESS AND USE OF THE SITE AND/OR THE APPLICATION

3.1 Access to the Site

Access to the Site is available from a computer or smartphone connected to a telecommunications network, according to the communication protocols used on the Internet.

The Site has been developed in compliance with internet standards.

Access to and use of the Site are possible from any computer with a Microsoft Edge, Mozilla Firefox, Safari, Google Chrome, or Opera browser.

The Publisher grants the User a right to view, use, and access the Information on the Site.

3.2 Access Costs

Access to the Site is free of charge and does not require a subscription. All software and hardware necessary for the use or functioning of the Site, internet access, or communication costs are the exclusive responsibility of the User, outside their workplace.

3.3 Duration of Accessibility

The User’s access to the Site is granted for an indefinite period, without prejudice to the right of the User or the Publisher to terminate it unilaterally, at any time, without prior notice, reason, or compensation.

The User acknowledges that in the event of a violation of legal provisions and/or these Terms of Use, the Publisher may block and/or terminate access to the Site, without prior notification, with immediate effect.

3.4 Use of the Site

The User is specifically prohibited from, but not limited to, the following:

  • using the Site for commercial purposes and, in general, offering products and services that directly or indirectly compensate them;
  • « reselling » or making the content of the Site available to a third party and/or other Users, whether for a fee and/or free of charge;
  • using the Site to send, in any form, unsolicited advertisements or promotional materials;
  • directing users, either directly or indirectly, through hyperlinks, to other websites that may not comply with French law or the provisions of these Terms of Use.

3.5 Security

Each User is fully responsible for their login data. Unless proven otherwise, any connection to the Site, or transmission of data made using the User’s login information, will be deemed to have been made by the User.

ARTICLE 4 – SITE AVAILABILITY

The Site is accessible 24 hours a day, 7 days a week, except in cases of force majeure or events beyond the control of the Publisher.

The Publisher reserves the right to suspend, interrupt, or limit, without prior notice, access to all or part of the Site, notably for maintenance operations and necessary updates to ensure the proper functioning of the Site and related hardware, or for any other reason, including technical issues.

The Publisher is not obligated to ensure the availability of the Site. The Publisher is in no way responsible for interruptions and the consequences they may cause for the User, especially when the interruptions are caused by the Hosting Provider’s maintenance needs or other reasons.

The User is informed that the Publisher may terminate or modify the characteristics of the Site at any time, without notice, and without the User having any recourse against the Publisher.

ARTICLE 5 – HOSTING OF THE SITE

Users are expressly informed that the content published on the Site is hosted and stored on the Hosting Provider’s server.

ARTICLE 6 – HYPERTEXT LINKS

Hyperlinks contained on the Site may redirect to other websites by any means.

Since SNCF Voyageurs Mediation cannot control these external sites and sources, it cannot be held responsible for the availability of these external sites and sources, and cannot be held liable for the content, advertisements, products, services, or any other materials available on or from these sites or external sources.

Moreover, SNCF Voyageurs Mediation will not be held liable for any actual or alleged damage resulting from or related to the use of, or reliance on, the content, goods, or services available on these external sites or sources.

Finally, to the extent permitted by law, SNCF Voyageurs Mediation will not be held responsible if the content of these other sites violates any applicable laws and regulations.

ARTICLE 7 – INTELLECTUAL PROPERTY

In general, the User is prohibited from infringing the intellectual property rights (copyright, related rights, sui generis right of the database producer, trademark rights, domain names, etc.) of the Publisher and/or the Host, and/or any third party.

The Publisher holds all intellectual property rights over the structure and content of the Site (texts, logos, images, sound elements, software, icons, layout, database, etc.) or has regularly acquired the rights enabling the exploitation of the structure and content of the Site, without any limitation.

Thus, the User is prohibited from copying, reproducing, representing, modifying, and/or exploiting, transferring in any way and for any purpose, all or part of the structure and content of the Site, unless expressly authorized in writing by the Publisher.

Any download is strictly prohibited, except with the express permission of the Publisher. Any abusive download detected may result in sanctions deemed appropriate by the Publisher and/or any concerned third party.

The trademarks and logos reproduced on the Site are registered with the relevant Offices by the companies that hold them. Any reproduction of names or logos, by any means whatsoever, without the prior authorization of the concerned holder, is prohibited.

Failure to comply with these prohibitions may notably constitute an act of infringement and/or unfair and parasitic competition, engaging the civil and/or criminal liability of the User.

ARTICLE 8 – WARRANTIES/LIABILITY

The User agrees, when using the Site, not to contravene the applicable legal provisions, good internet practices, netiquette, and these Terms and Conditions.

The User is informed that any violation of the provisions of the Terms and Conditions may result in legal action and sanctions against them.

Under the same conditions, the User also agrees to comply with the internal rules and practices regarding the use of the Publisher’s information systems and networks.

The User agrees to act diligently in responding to any claim.

The User is responsible to the Publisher and/or third parties for any material and/or immaterial, direct and/or indirect damage of any kind caused by the User and/or their agents in the event of non-compliance with these Terms and Conditions.

The User guarantees the Publisher, as well as its parent, sister, or affiliate companies, its representatives, employees, partners, and the Hosting Provider, against any demand, claim, and/or action of any kind resulting from any violation of these provisions.

The User will indemnify them at any time and upon first request, against any damage and/or any demand, action, or complaint from third parties resulting from any violation of these provisions.

This guarantee covers any damages and compensation that may be paid, regardless of their direct or indirect origin, such as attorney’s fees, expert fees, legal costs…

The Publisher implements technical and organizational measures to protect the Information circulating on the Site.

However, the User is fully aware that the data is not protected against all forms of intrusion, including hacking.

It is the responsibility of the User to implement all necessary measures to ensure the confidentiality of the transmitted data.

Each User of the Site expressly agrees to:

  • not to use software or processes intended to copy the Information from the Site without the express prior permission of the Publisher;
  • to expressly refrain from using software or devices likely to disrupt the proper functioning of the Site, or from taking any action that may impose an undue burden on the Publisher’s infrastructure;
  • not to alter, modify, or create derivative works from the Information on the Site without the express prior consent of the Publisher;
  • to make only brief citations, analyses, and reproductions intended for press reviews or other uses expressly authorized by law, within the limits and conditions set by the latter, and subject to citing the authors’ names and the source;
  • not to extract or reuse, including for private purposes, any substantial or non-substantial part of the content from the Site’s databases and archives without the prior written permission of the Publisher;
  • not to collect information about third parties, including email addresses, to use them for sending commercial solicitations or equivalent, or to integrate them into a directory service or similar, free or paid, or for conducting competitive intelligence;
  • not to implement systems that could or are likely to hack the Site in whole or in part, or that could violate these Terms and Conditions;
  • to inform the Publisher as soon as they become aware of any breach (including violations of the Publisher’s intellectual property rights), particularly any unlawful or non-contractual use of the Site’s Information, regardless of the method of dissemination used.

The user is not authorized to access, modify, or adapt the source code of the Site. The source code refers to the entire Site in its design, APIs, and more generally, all the computer objects that make up the Site.

The User is prohibited (and agrees to prohibit any third party) from decompiling, disassembling the Site’s source code, performing reverse engineering, or attempting to discover or restore the source code, underlying ideas, algorithms, file formats, or programming or interoperability interfaces of the Site in any way, in accordance with the provisions of Article L.122-6-1 of the French Intellectual Property Code.

Any practice that violates these provisions may result in sanctions by the Publisher and/or any concerned third party. The consequences of breaches arising from such practices are entirely the responsibility of the User.

ARTICLE 9 – CONTACT

If you have any questions regarding the operation of the Site and the Terms and Conditions, you can contact us by mail at the following address:

SNCF Voyageurs Mediation – TSA 37 701 – 59 973 TOURCOING CEDEX

Or by email at mediateur-voyageurs@sncf.fr

Note, this email address cannot be used to contact the SNCF Voyageurs Mediator. Claims sent to this email address will not be processed.

You can contact the SNCF Voyageurs Mediator online at https://mediation-sncf.my.site.com/mediation/s/?language=fr or by mail at the following address:

SNCF Voyageurs Mediator

TSA 37 701

59 973 TOURCOING CEDEX

ARTICLE 10 – INVALIDITY OF A CLAUSE

The invalidity in whole or in part of one or more provisions of these Terms of Use, pursuant to a legal or regulatory provision or a final court decision, does not entail the invalidity of the other provisions or of the part of the provision not affected by invalidity.

ARTICLE 11 – APPLICABLE LAW – DISPUTE RESOLUTION

These Terms of Use are governed by French law.

In the event of disputes related to the interpretation, validity, or execution of these Terms of Use, the User and the Publisher agree to make their best efforts to settle the dispute amicably.

If no agreement is reached, and within the limits of applicable law, any potential dispute related to the interpretation or execution of these Terms of Use will be submitted to the courts of Paris for consideration.