I.- General information.
The commercial entity OUIGO ESPAÑA, S.A.U. (hereinafter, OUIGO) with N.I.F. nº A-88269972, and registered office at Alfonso XII, 62, 28014, Madrid, in compliance with the provisions of Law 34/2002 dated July 11 on Information Society Services and Electronic Commerce, informs you that it is a company registered in the Commercial Registry of Madrid, on page 145, Volume 38528, Sheet M-685215.
OUIGO informs you that access to and use of the website www.ouigo/es/en is subject to these conditions of use, so we recommend you read carefully the most recent version of the Legal Information each time you access the Website. Regardless of your location and method of connection, your visit, participation and browsing of the aforementioned website confers you the status of Website User. OUIGO reserves the right to modify, add or update the presentation, configuration and content of the website and services at any time, as well as the conditions of access. This website is intended for use by people over the age of 18.
II. Scope of application
The simple access or use of the mentioned web page implies the acceptance by the "User" of the Legal Notice in force at any time.
This Legal Notice applies to Users who access the content offered by OUIGO through its website.
III.- Limitation of liability.
OUIGO does not guarantee that the website will be available or accessible at all times, although it will make every effort to avoid, correct or rectify any interruptions that may occur. Likewise, it is not responsible for direct or indirect damages derived from the use thereof, including any possilbe damage to computer systems, nor does it guarantee the absence of viruses or other harmful elements. In addition, OUIGO shall not be responsible for access by minors (18 years of age) to the contents published on its website. It is the responsibility of their parents or guardians to exercise adequate control over the activity of minors in their care.
At all times the User undertakes to use the website in accordance with the law, this legal notice, morality, generally accepted good customs and public order. Access and use of the information and contents published on this page will be carried out under the exclusive responsibility of the User.
The User accepts that, if any legal provision or these terms is infringed, OUIGO ESPAÑA S.A.U. may block or cancel access to the website to the User without prior notice and with immediate effect.
IV. Links
IV.i Links to other websites
In the event that the User may find on this website links to other websites by means of different buttons, links, banners, etc., these will be managed by third parties. OUIGO has no power or human or technical means to know, control or approve all the information, contents, products or services provided by other websites which could have links from the Website.
Consequently, OUIGO cannot assume any liability for any aspect related to the website regarding links which be established from its Website, specifically but not exclusively regarding its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents, in general.
In this sense, if Users become aware of unlawful activities carried out through these third party websites they must immediately notify OUIGO so that any access link can be disabled.
The establishment of any type of link from the website to another website does not imply any type of relationship, collaboration or dependence between OUIGO and the person responsible for that other website.
IV.ii Links to the OUIGO channel on social platforms and media
By means of various tools and API's, OUIGO can make available to Users technical link devices that allow Users to access OUIGO channels and pages on different platforms and social media belonging to and/or managed by third parties. The installation of these applications on the Website has the sole purpose of facilitating Users access to the OUIGO channels on platforms and social media.
The establishment of these applications does not imply the existence of any relationship between OUIGO and the owner of the linked platform or the acceptance and approval by OUIGO of its contents and/or services, for which the owner shall be solely responsible.
As OUIGO has no control over the content hosted on these channels, the User recognises and accepts that OUIGO does not assume any responsibility for the contents or services that the User may access on these pages or for any contents, products, services, advertising or any other material available therein. For this reason, the User must be extremely careful when evaluating and using the information, contents and services that may exist, where applicable, in the linked channels.
IV.iii Links on other web pages to the Website
OUIGO does not authorise the establishment of a link to the Website from web pages that contain material, information or content that is illicit, illegal, degrading, obscene, and in general that contravene morality, public order or generally accepted social norms.
IV. iv Services provided by third parties through the Web Site
OUIGO does not guarantee the legality, reliability and usefulness of the services provided, of the contents supplied by third parties through this page or on which OUIGO only acts as an advertising channel.
OUIGO shall not be liable for damages of any kind caused by the services provided, the contents of third parties that are advertised through the Website, and in particular, but not limited to, those caused by:
- Failure to comply with the law, morality or public order.
- The incorporation of viruses or any other computer code, file or program that may damage, interrupt or prevent the normal operation of any software, hardware or telecommunications equipment.
- The infringement of Intellectual and Industrial Property rights or of contractual commitments of any kind.
- The execution of acts that constitute illicit, misleading or unfair advertising and, in general, that constitute unfair competition.
- Lack of truthfulness, accuracy, quality, relevance and/or timeliness of contents transmitted, disseminated, stored, received, obtained, made available or accessible.
- The infringement of the rights to honour, personal and family privacy and image of persons or, in general, any type of third party rights.
- The unsuitability for any kind of purpose and the lack of fulfilment of generated expectations, or the faults and defects that could be generated in the relationship with third parties.
- The non-fulfilment, delay in fulfilment, defective fulfilment or termination for any reason of the obligations contracted by third parties and contracts made with third parties.
- The communication of data that occurs between Users.
In the cases in which third parties other than OUIGO ESPAÑA, S.A.U. publish their services and/or contents on the Website, OUIGO shall not be responsible for the truthfulness of the information provided by the supplier on said services and/or contents, for obtaining administrative authorisations that may be required of the supplier for providing its services, for any infringement by the supplier of third party rights and, in general, for any obligation or surety that may be required of the supplier with regard to the Users.
OUIGO has no power or human or technical means to know, control or approve all the information, content, products or services provided by other websites that have established links to the Website. OUIGO does not assume any type of liability for any aspect relating to the Website that establishes this link to the Website, specifically, but not exclusively, regarding its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents, in general.
V.- Intellectual and Industrial Property.
The rights to the contents of the website belong to OUIGO and are in any case protected by Industrial and Intellectual Property laws. Distinctive signs and brands used at the website are protected and are the intellectual property of OUIGO or, if applicable, of third parties that collaborate with and participate in its promotion. The User undertakes not to infringe the intellectual property rights of OUIGO or third parties under any circumstances . The brands and logos published on the website have been registered by the owner companies. Any reproduction of names or logos by any means without expressly written authorisation of their owners is prohibited. Any use of the website by third parties for profit is excluded.
OUIGO holds all the intellectual property rights over the structure and content of the website, including texts, logos, images, software, icons, page design and databases, or has legally acquired the right to use the structure and content of the website, without limitation.
Among other things, the User is prohibited from copying, reproducing, representing, modifying and/or using or transferring in any way and for any purpose the entirety or a part of the structure or contents of the website without the authorisation of OUIGO.
VI. Applicable jurisdiction and legislation
These conditions of use are governed by the provisions of Spanish law.
The relations established between OUIGO and the User shall be governed by the provisions of the regulations in force regarding applicable legislation and competent jurisdiction. Nevertheless, for cases in which regulations provide the possibility of parties to submit to a jurisdiction, OUIGO and the User, expressly renouncing any other jurisdiction that may correspond to them, shall submit any controversy and/or litigation to the knowledge of the Courts and Tribunals of the city of Madrid, with Spanish legislation being applicable.
September 22, 2020.