General Terms and Conditions of Use of the SITE mediation.sncf-voyageurs.com

PREAMBLE

The SNCF Voyageurs Mediation website (hereinafter the “Website”) is the property of Mediation SNCF Voyageurs.

The Director of the publication is Henriette CHAUBON, SNCF Voyageurs Consumer Mediator.

The present General Conditions ofUse (hereinafter the “GCU”) are intended to determine the conditions of access and rules of use of the SNCF Voyageurs Mediation website accessible from the following link:

https://mediation.sncf-voyageurs.com

Access to the Site is subject to compliance with these TOS. Access to the Site is strictly reserved to the User as defined in the present GTU.

SNCF Voyageurs Mediation (hereinafter referred to as “the Publisher”) reserves the right to modify or update at any time the present GTC, in order to comply with any legal, jurisprudential, editorial and/or technical developments, as well as any possible modifications to the SNCF Voyageurs Mediation process.

The User must regularly consult the latest version of the TOS available at all times on the Site.

In case of substantial modification of the TOS, a window containing the modified TOS will be displayed. The User must accept the new TOS by checking the box “By checking this box, I acknowledge having read the Terms of Use of the Site, and I accept them without reservation.”

If the User does not accept the GTC, he/she will not be able to access the Site.

ARTICLE 1 – DEFINITIONS

In these GTC’s, words or expressions beginning with a capital letter shall have the following meaning:

Publisher : Designates the SNCF Voyageurs Mediation Service

Host : means IT NOVEM

Information : means all the contractual information, texts, drawings and graphics accessible on the Site.

Site : means the site offered by the Publisher on the Internet at mediation.sncf-voyageurs.com

User(s) : means any person who has access to the Site, regardless of where they are and how they connect.

ARTICLE 2 – PURPOSE OF THE SITE

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

Any use of the Site will be done in compliance with these GTC.

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

3.1 Access to the Site

Access to the Site is possible from a computer or a smartphone connected to a telecommunication network according to the communication protocols used on the Internet network.

The Site has been developed in accordance with Internet standards.

This Site can be accessed and used from any computer with a Microsoft Edge, Mozilla Firefox, Safari, Google Chrome or Opera browser.

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

3.2 Cost of access

Access to the Site is free and is not subject to subscription. All software and hardware necessary for the use or operation of the Site, access to the Internet or communication costs are the sole responsibility of the User outside of his/her place of work.

3.3 Duration of accessibility

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

The User acknowledges that in the event of a breach of the law and/or these TOU, the Publisher may block and/or terminate access to the Site, without prior notice, with immediate effect.

3.4 Use of the Site

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

  • to use the Site for commercial purposes and in general to offer products and services remunerating him directly or indirectly;
  • to “resell” or make available to a third party and/or other Users, for a fee and/or free of charge, the content of the Site;
  • to use the Site to send, in any form whatsoever, unsolicited advertising or promotional material;
  • to direct Internet users indirectly or directly, in particular by hypertext links, to other Internet sites that may not comply with French legislation or with the provisions of these GTU.

3.5 Security

Each User is entirely responsible for the connection data concerning him/her. Unless proven otherwise, any connection to the Site, or transmission of data made from the User’s connection information, will be deemed to have been made by the User.

ARTICLE 4 – AVAILABILITY OF THE SITE

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, in particular for maintenance and updating operations necessary for the proper functioning of the Site and related materials, or for any other reason, in particular technical.

The Publisher has no obligation of result regarding the availability of the Site. The Publisher is in no way responsible for interruptions and the consequences that may result for the User, particularly when the interruptions are caused by the Host for maintenance or other purposes.

The User is informed that the Publisher may terminate or change the features of the Siteat 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 server of the Host.

ARTICLE 6 – HYPERTEXT LINKS

Hyperlinks contained on the Site may refer to other Internet sites by any means.

Insofar as the 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 responsible for the content, advertising, products, services or any other material available on or from these external sites or sources.

Moreover, SNCF Voyageurs Mediation cannot be held responsible for any proven 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, within the limits authorized by law, SNCF Voyageurs Mediation shall not be held responsible in the event that the content of said other sites contravenes the legal and regulatory provisions in force.

ARTICLE 7 – INTELLECTUAL PROPERTY

In general, the User shall refrain from infringing the intellectual property rights (copyright, neighbouring rights, sui generis right of the producer of databases, trademark rights, domain names, etc.) of the Publisher and/or the Host, and/or of any third party.

The Publisher owns all intellectual property rights to both the structure and content of the Site (text, logos, images, sound elements, software, icons, layout, database, etc.) or has acquired the rights to use the structure and content of the Site on a regular basis, without limitation.

Thus, the User is prohibited from copying, reproducing, representing, modifying and/or exploiting, transferring in any way whatsoever and for any purpose whatsoever, all or part of the structure and content of the Site, except in the case of express, prior and written authorization from the Publisher.

Any downloading is strictly prohibited, unless expressly authorized by the Publisher. The Publisher and/or any third party involved may take appropriate action in the event of any abusive downloading.

The trademarks and logos reproduced on the Site are registered with the competent offices by the companies that own them. Any reproduction of the names or logos, by any means whatsoever, without prior authorization from the owner concerned, is prohibited.

Failure to comply with these prohibitions may constitute an act of counterfeiting and/or unfair and parasitic competition that may incur civil and/or criminal liability for the User.

ARTICLE 8 – GUARANTEES/LIABILITY

The User undertakes, when using the Sitenot to contravene the legal provisions legal provisions in force, good Internet practice and netiquette, and these Terms of Use.

The User is informed that any violation of the provisions of the GTC is likely to result in legal proceedings and sanctions against him.

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

The User agrees to act with diligence in responding to any claims.

The User shall be liable to the Publisher and/or third parties for any direct and/or indirect material and/or immaterial damage of any nature whatsoever caused by the User, and/or its employees in the event of use not in accordance with these TOU.

The User indemnifies the Publisher, as well as its parent, sister or affiliated companies, representatives, employees, partners, and the Host, against all demands, claims, and/or remedies of any kind, resulting from any violation of the said provisions.

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

This guarantee covers both damages and interest that may be paid, whatever their direct or indirect origin, such as legal fees, expert fees, court costs…

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

The User declares, nevertheless, perfectly informed that the data are not protected against any form of intrusion including by way of hacking.

It is up to the User to implement all useful means to preserve the confidentiality of the transmitted data.

Each User of the Site expressly agrees to:

  • not to use any software or process to copy the Information on the Site without the express prior permission of the Publisher;
  • expressly refrain from using software or devices that may interfere with the proper functioning of the Site, or from taking any action that imposes a disproportionate burden on the Publisher’s infrastructure;
  • not to alter or modify or create derivative works from the Information without the express without the express prior consent of the Publisher;
  • to make short quotations, analyses and reproductions intended for press reviews or other uses expressly authorized by law only within the limits and conditions by the latter and subject to citing the names of the authors and the source;
  • not to extract or re-use, including for private purposes, without the prior written consent of the Publisher, any substantial part or parts of the contents of the databases and archives constituted by the Site;
  • not to collect information about third parties, including e-mail addresses, for the purpose of sending commercial solicitations or the like, or to or equivalent, free or paid, or for competitive intelligence purposes;
  • a not to install systems likely or of a nature to hack the Site in whole or in part, or of a nature to violate the present GTC;
  • to inform the Publisher as soon as they become aware of any infringement of any kind (including infringement of the Publisher’s intellectual property rights), in particular any unlawful or non-contractual use of the Information on the Site, regardless of the means of dissemination used.

The user is not authorized to access, modify or adapt the source code of the Site. The source code designates the whole of the Site in its conception, the APIs, and more generally the whole of the computer objects composing the Site.

The User agrees not to (and agrees to prohibit any third party from) decompiling or disassembling the source code of the Site, reverse engineering or attempting to discover or restore the source code, the ideas on which it is based, the algorithms, the file formats or the programming or interoperability interfaces of the Site in any way whatsoever in compliance with the provisions of Article L.122-6-1 of the Intellectual Property Code.

Any practice in violation of these provisions may result in appropriate sanctions by the Publisher and/or any third party involved. The consequences of the infringements resulting from these practices are entirely the responsibility of the User.

ARTICLE 9 – CONTACT

For any question relating to the operation of the Website and to the GTCs, you can contact us by letter at the following address:

M̩diation SNCF Voyageurs РTSA 37 701 Р59 973 TOURCOING CEDEX

Or by email at the address mediateur-voyageurs@sncf.fr

Please, be aware that this email address does not allow you to make a claim to the SNCF Mediator. Please note that any claim sending to this email address will not be processed.

However, you can file a claim to the SNCF Mediator online (https://mediation-sncf.force.com/mediation/s/?language=en_US) or by mail to the following address:

Médiatrice SNCF Voyageurs

TSA 37 701

59 973 TOURCOING CEDEX

ARTICLE 10 – INVALIDITY OF A CLAUSE

The invalidity in full or in part of one or more provisions of these GTCs resulting from the terms of a legal or regulatory provision or from a judicial decision that has become final, will not result in invalidity of the other provisions or of the part of the provision not vitiated by the invalidity.

ARTICLE 11 – APPLICABLE LAW – DISPUTE RESOLUTION

The present GTC are subject to French law.

In the event of any dispute regarding the interpretation, validity or performance of these GTC, User and Publisher agree to use their best efforts to resolve the dispute amicably.

Failing this, and within the limits of applicable law, in the event that an amicable agreement is not reached, any possible dispute relating to the interpretation or execution of these GTC’s will be submitted to the appreciation of the courts of Paris.