GENERAL TERMS AND CONDITIONS FOR USE OF THE “EUROSTAR TRIP PLANNER” WEBSITE

1 TERMS OF USE

1.1 www.eurostartripplanner.com is provided by Eurostar Group Limited (“EGL”) and includes its legal representatives, successors and assigns.  Access and use of the Website is subject to the following terms and conditions (“Terms”):

1.1.1 By using the Website you agree to be bound by these Terms, which shall take effect immediately on your first use of the Website. If you do not agree to be legally bound by all of the following Terms please do not access and/or use the Website.

1.1.2 EGL may update these Terms from time to time without notice to you. You should review the Terms periodically for changes. Your continued use of the Website means you agree to be legally bound by these Terms as updated and/or amended.

2 PRIVACY POLICY

2.1 Any information you provide to EGL will be used in accordance with EGL’s privacy policy which can be accessed via the following link: -

www.eurostar.com/UK/uk/leisure/footer_popup_content/privacy_policy.jsp

3 USER CONDUCT

3.1 You acknowledge that all text and/or photographs, saved or uploaded onto the Website (“Material”) by you is solely your responsibility. You acknowledge that by using the Website, you may be exposed to Material that is offensive, indecent or objectionable. Under no circumstances will EGL be liable in any way for any Material, including, but not limited to, any errors or omissions in any Material, or for any loss or damage of any kind incurred as a result of the use of any Material posted, emailed or otherwise transmitted via the Website.

3.2 You agree that you must evaluate, and bear all risks associated with, the use of any Material, including any reliance on all the accuracy, completeness, or usefulness of such Material. In this regard you may not rely on any content in the Website created by EGL or uploaded or posted onto the Website by a third party.

3.3 You acknowledge that EGL and its designees shall have the right (but not the obligation) in their sole discretion to make additions and deletions, move or remove entirely any Material that is uploaded or posted onto the Website by you. Without limiting the foregoing, EGL and its designees shall have the right to remove any Material which it considers violates these Terms or is otherwise objectionable.

Warranties

4.4 You warrant not to use the Website to:

4.4.1 Upload or post any Material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory of any person or object, vulgar, obscene, profane, sexually oriented, libellous, invasive of another’s privacy, disruptive, offensive, abusive, hateful, in violation of any trade secrets or racially, ethnically or otherwise illegal or objectionable;

4.4.2 Upload or post any Material which is deliberately intended to upset any person;

4.4.3 Harm minors in any way;

4.4.4 Impersonate any person or entity, including, but not limited to, an EGL employee or falsely state or otherwise misrepresent your affiliation with a person or entity. Adopting an inappropriate user name (for example, one that is vulgar) is also unacceptable;

4.4.6 Upload or post any Material that violates, plagiarises or infringes the intellectual property rights of any person;

4.4.7 Upload or post any advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, any other form of solicitation or uploading posting of very similar Material on more than one occasion;

4.4.8 Upload or post any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

4.4.9 Deliberately misuse the “notice and take-down” complaints facility;

4.4.10 Upload or post any personal information about any person including yourself (for example: telephone number, home address or e-mail address), or include postal addresses of any kind;

4.4.11 Provide any Material with the intention of committing or promoting an illegal act;

4.4.12 Provide any Material in respect of which you do not have the intellectual property rights or other permission to distribute the Material electronically;

4.4.13 Upload or post references to any URL which is infringing copyright; or

4.4.14 in any way that will violate or infringe any English laws, regulations or international treaties.

Text

4.5 You warrant that any text you upload or post onto the Website is your own original work, that you have the right to make it available to EGL in accordance with these Terms and that you are not breaching any one else’s intellectual property rights.

General

4.6 You shall comply with all directions provided to you by EGL

4.7 You agree that EGL may access, preserve, and disclose your Material: (a) to its affiliated companies; and (b) if required to do so by law or in the good faith belief that any such access, preservation or disclosure is reasonably necessary.

5 RIGHTS IN COMPLETED WORK

5.1 Where you upload or post any Material to EGL you agree, by uploading or posting the Material, to grant EGL a perpetual, royalty-free, non-exclusive, sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to the Material worldwide and/or to incorporate the Material in other works in any media now known or later developed for the full term of any rights that may exist in the Material, and in accordance with privacy restrictions set out in EGL’s Privacy Policy. If you do not want to grant to EGL the rights set out above, please do not submit Material to the Website.

5.2 All logos, trade names or trademarks used by EGL or its associated companies in the course of such companies’ business including, by way of example only, the trademark “Eurostar”, are the property of EGL or its associated companies. EGL or its associated companies as appropriate reserve all intellectual property rights in relation to the use of such logos, trade names or trademarks by any other person, company or organisation. Any such use will be permitted only at the sole discretion of and in accordance with such terms and conditions (including the payment of a licence fee) as may be imposed by EGL or its associated companies from time to time.

5.3 Except solely for your own personal and non-commercial use, no part of the Website may be copied, published, broadcast or adapted without the prior written consent of EGL

5.4 The names, images and logos on the Website which identify third parties and their products and services are subject to copyright, design rights and trade marks of such third parties.

5.5 Nothing contained in these Terms shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any intellectual property rights of EGL or any third party.

5.6 This clause 5 shall survive the expiration or termination of these Terms.

6 NOTICE AND TAKE DOWN POLICY

6.1 If you wish to complain about any individual piece of content on the Website then please contact us by using our “Contact us” page: http://www.eurostartripplanner.com/en-uk/paris/static/contactus.aspx outlining the nature of your complaint, quoting the content in full and specifying the URL of the page the content is on. We will endeavour to investigate your complaint as soon as possible.

7 GENERAL PRACTICES REGARDING USE AND STORAGE

7.1 You acknowledge that EGL may establish and from time to time, amend general practices and limits concerning use of the Website. You agree that EGL has no responsibility or liability for the deletion or failure to store any Material.

8 VIEWING THE WEBSITE

If you view this Website from any place outside of England it is your responsibility to ensure that you comply with all the legal requirements of the country or place from which you are viewing the Website.

9 MODIFICATIONS TO WEBSITE

9.1 EGL reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that EGL shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.

10 LINKS

10.1 The Website provides and third parties may provide links to other world wide web sites or resources. Because EGL has no control over such sites and resources, you acknowledge and agree that EGL is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that EGL shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

10.2 Links to the Website shall not be setup without the written consent of EGL.  Requests for linking should be sent to info@eurostar.com .

11. EGL’s PROPRIETARY RIGHTS

11.1 You acknowledge and agree that the Website and any necessary software used in connection with the Website (”Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Website or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by EGL or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Website or the Software, in whole or in part.

12 INDEMNITY

12.1 You agree to indemnify and hold EGL and its subsidiaries, affiliates, officers, agents, co-branders and other partners, and employees, harmless from all claims, liabilities, losses, damages, demands, costs and expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of Material you submit, post to or transmit through the Website, your use of the Website, your connection to the Website, your violation of these Terms, or your violation of any rights of another.

13. DISCLAIMERS

13.1 You expressly acknowledge and agree that:

13.1.1 Your use of the Website is at your sole risk.

13.1.2 Any content downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

13.1.3 No advice or information, whether oral or written, obtained by you from EGL or through or from the Website shall create any warranty or term of any kind, whether express or implied, or other obligation not expressly stated in these Terms.

13.1.4 EGL disclaims any liability for the reproduction of the Website through a third party website or access to the Website obtained through a third party website or any user’s home page, which reproduction misstates or omits any of the content contained on the Website.

14 LIMITATION OF LIABILITY

14.1 EGL accepts no liability in respect of any material submitted by you and EGL is not responsible for the content and accuracy of any Material.

14.2 You expressly acknowledge and agree that under no circumstances will EGL be liable for any direct or indirect loss, cost or damage resulting from any of the following circumstances (regardless of the form of action): (i) the use or the inability to use the Website; (ii) unauthorised access to or alteration of your transmissions or data; (iii) statements or conduct of any third party on the Website; (iv) any access to any other material on the internet via links from this Website or (v) any other matter relating to the Website.

15 TERMINATION

15.1 You agree that EGL may in its sole discretion and at any time terminate your use of the Website and remove and discard any Material from the Website.

15.2 This clause 15 shall survive the expiration or termination of these Terms.

16 NOTICES

16.1 Notices to you may be made via either e-mail or regular mail.

17 NEGATION OF AGENCY

17.1 Nothing in these Terms shall render you an agent, partner or employee of EGL

18 IMPORTANT ENTITIES

18.1 The server upon which the Website is hosted is owned by Combell dedicated solutions.

18.2 The Website is operated and edited by EGL.

19 RIGHT OF ANSWER

19.1 Any person referred to in any content contained on the Website may direct a right of answer to the publication director named in clause 19.

20 SEVERABILITY

20.1 The invalidity or unenforceability of any of these Terms shall not affect, impair or invalidate any of the remaining Terms.

21 GOVERNING LAW & LANGUAGE

21.1 To the extent permitted by law, any disputes arising from your use of this Website or any information contained in it shall be governed by English law and the Courts of England and Wales shall have exclusive jurisdiction.

21.2 You agree that the English language versions of these Terms will govern your relationship with EGL and that any translation is provided for your convenience only.

21.3 If there is any contradiction between what the English language version of the Terms and a translation, then the English language version shall take precedence.