1. INTRODUCTION AND DATA OF THE HOLDER OF THE APPLICATION
The "OUIGO ES" application (hereinafter, App) in mobile application format is made available by OUIGO ESPAÑA, S.A.U. (hereinafter, the Company).
The person in charge of the App informs users of the following details of the Company as the owner of this mobile application: The Company named OUIGO ESPAÑA, S.A.U. with registered office at c/Alfonso XII, 62, 4th floor – 28014 Madrid, Spain, with Tax Identification Code A-88269972e registered in the Madrid Companies Register, on page 145 of Volume 38528, Sheet M-685215.
In order to raise or resolve any conflict, incident or other issue that may arise regarding access and navigation of the App, or in relation to the contents made available to the public through the App, the Company informs users of the following direct and effective means of communication:
- E-mail address: datos@ouigo.es
- Contact postal address: c/Alfonso XII, 62, 4th Floor - 28014-Madrid
2. PURPOSE AND SCOPE
The Company recommends the user to read this text carefully before accessing, using and browsing the App.
The purpose of this Legal Notice and General Conditions of Use document is to establish the conditions and guidelines for access and use by users of the App, as well as the contents that are shown and communicated publicly through this App.
The acceptance of this Legal Notice and General Conditions of Use implies the explicit and unreserved acceptance by the user of the terms set forth in this document, stating that the user has read, knows and understands this Legal Notice and General Conditions of Use, as well as assumes all the obligations for users of the App. Likewise, the user declares that he/she is a person over 18 years of age and capable of signing these conditions.
This Legal Notice and General Conditions of Use document will be valid for an indefinite period of time, as long as it is not modified. However, the Company reserves the right to modify both the presentation, configuration and content of the App, as well as this document under the terms established in Section 7 of this Legal Notice and General Conditions of Use. The access, use and browsing that users make after the entry into force of any possible change or modification will involve the acceptance thereof except in cases where explicit user consent is required.
Without prejudice to the regulations contained in this Legal Notice and General Conditions of Use, the Company reserves the right to establish specific conditions for the use of the App, in which case the users will be equally bound by the contents of the specific conditions of use which may be published.
3. USE OF THE APP
The App aims to provide a digital solution in a mobile application format that allows its users to purchase transport tickets marketed by Ouigo, as well as to reserve tickets and manage these reservations. In particular, users are allowed to:
- Obtain information about the services offered by OUIGO
- Place an order for purchasing OUIGO tickets online.
- Modify the order and contact the OUIGO customer service centre
- Access the history of their transactions
The acquisition of a ticket will be governed by the provisions of the General Conditions of Sale and Transport of OUIGO. As for the protection of personal data and the processing thereof carried out by OUIGO, the provisions of the Privacy Policy will apply.
Unless otherwise stated in the rest of the sections of this Legal Notice and General Conditions of Use, the use and downloading of the App will be free of charge, without prejudice to the cost of connection through the corresponding telecommunications network contracted by the User with third parties and the cost of acquiring products and services (tickets).
4. OBLIGATIONS AND RESPONSIBILITY
4.1 User obligations
The user undertakes to use the App and the tools provided therein in accordance with the provisions established by the legislation and regulations in force, good faith, public order and generally accepted customs and practices.
The user is expressly obliged to make proper use of the App and its contents, in accordance with the possibilities and services being offered, as well as with the purposes for which said contents have been designed.
Likewise, the user is obliged not to use the App, its contents and/or the dissemination tools that it makes available for illicit or illegal purposes, contrary to current regulations, and/or in any way detrimental to the rights and/or interests of the Company or third parties, whether individuals or legal entities.
Likewise, the user undertakes not to cause any damage or deterioration to the software, tools and/or contents that constitute the basis of the App, and not to prevent its normal operation.
The Company will not assume any liability, either directly or indirectly, derived from the non-compliance of these obligations by the users.
4.2 User responsibility
Each user shall be solely and exclusively responsible for the use of the tools made available through the App.
The user will be solely responsible for the use of the App for illicit, illegal, non-authorised purposes or contrary to the regulations in force, whether for economic purposes or not.
The user shall in all cases assume, solely and exclusively, any kind of responsibility that may arise as a result of non-compliance with these General Conditions of Use and the Specific Conditions of Use that may eventually be published, as well as, in general, any user behaviour that is contrary to the legislation and regulations in force, good faith, public order and generally accepted uses and customs.
Those responsible for the App are excluded from any type of responsibility, whether direct or indirect, for any damage or harm caused to the user or a third party, which is caused by the misuse, intentional or not, by the user of the contents, tools and services made available through the App, or by the user's failure to comply with these General Conditions of Use.
4.3 Third party liability
The App may temporarily or permanently host links, hyperlinks or similar technologies (hereinafter, and in a generic manner, links) that redirect the user to other pages or websites and/or redirects the user to advertising spaces managed by third parties.
In the event that such links exist, their sole purpose shall be to facilitate and allow the user to access content and/or services that may be of interest to him/her which, in any case, shall be managed by third parties and not by the App.
The Company does not conduct any prior control nor does it approve, authorise, supervise or own the contents, services and any other information provided by third parties that may hosted in the links available in the App.
Thus, the owners of the destination pages or websites of the links shall be solely responsible for ensuring that the content hosted therein complies with all applicable legal requirements, and users accessing the pages or websites to which such links are directed shall be solely responsible for the legal relations of any kind they may establish with the third parties responsible for the destination pages or websites.
In the event that such legal relations exist, they will be understood to have been made in any case between the user and the third party and, therefore, in an external environment and not related to the Company, the user assuming under his exclusive and unique responsibility the damages that could be caused as a consequence of the use made of the linked pages or web sites.
The Company does not assume any responsibility, either direct or indirect, derived from the connections which could be made through the links or from the contents to which they lead, nor does it guarantee the technical availability, legality, veracity, usefulness, quality, reliability, accuracy, correction or morality of the contents, information or services accessed through these links, as long as they are not directly managed or controlled by the Company.
The inclusion of links and external connections does not imply, in any case, unless expressly indicated otherwise, the existence of an association, relationship or participation of the Company with the entities or third parties connected.
4.4 Limitation of Company responsibility
The Company does not undertake to guarantee the continuity and availability of the App, nor that it will not suffer interruptions, nor will it be liable for any damages that may arise from (i) the lack of accessibility or availability or accessibility to the App; (ii) the interruption in the operation of the App or computer failures, telephone breakdowns, disconnections, delays or blockages caused by deficiencies or overloads in the telephone lines, data centres, Internet systems or other electronic systems produced by the user in the course of its operation; and (iii) other damages that may be caused by third parties due to unauthorized intrusions beyond the control of the Company.
Likewise, the Company is not responsible for the fact that the user does not have a compatible device or has downloaded an incompatible version of the App.
5. Industrial and intellectual property
The ownership of each and every one of the App's Industrial and Intellectual Property rights, of its graphic designs, of the information and codes contained therein, of the content and the software that serves as a basis for the App, as well as the brands, trade names, domain names and any other content susceptible to industrial and/or commercial application related to the service, functionalities or tools of the App belong solely and exclusively to the Company or are used by the Company with the prior express authorisation of their legitimate owners.
Users explicitly undertake and are obliged to respect each and every one of the assets protected by Industrial or Intellectual Property rights to which they have access through the App, and users are expressly forbidden to carry out any act of reproduction, distribution, public communication, making available, transformation and, in general, any form of exploitation of intangible assets, works or contents to which they have access through the App, except with prior express written authorisation from the legitimate owners of the intangible asset in question.
6. Raising of doubts, queries, suggestions or complaints by the user
To raise any doubt, query, suggestion or complaint that may arise in relation to the content of these General Conditions of Use and, where appropriate, regarding access, use and browsing of the App, the user may contact the following e-mail address: datos@ouigo.es
7. Modifications and suspension of the availability of the App
The Company reserves the right to carry out at any time and without prior notice modifications, deletions or updates regarding the information made available to the public through the App, in its internal configuration or in its presentation.
Likewise, the Company reserves the right to totally or partially modify these General Conditions of Use including the modification or elimination the clauses as deemed necessary without prior notice and at the time it deems appropriate. Any such modifications may substitute, complete and/or modify these General Conditions of Use.
Possible modifications may be motivated, among other reasons, by technical changes in the service provided through the App, changes in regulations or changes in the functionalities of the App.
Likewise, the Company reserves the right to temporarily or permanently suspend without prior notice access to the App either for maintenance, repair, updating or improvement operations, or for the permanent suspension of availability and availability thereof.
8. Legislation and jurisdiction
This document, as well as the App's Privacy Policy, has been written in Spanish (Spain) and in accordance with the laws and regulations of Spain. App users accept Spanish law as the governing legislation for all relations with the Company through this App.
As far as jurisdiction is concerned, in the event that submission to a specific jurisdiction is required, in application of the provisions of current legislation and regulations, the parties shall submit to the jurisdiction that corresponds in such case.
Should there be no legal provision requiring submission to a particular jurisdiction, the parties expressly waive any other jurisdiction that may correspond to them and agree to submit to the Courts and Tribunals of the city of Madrid for the litigious discussion of any issue related to access, use and navigation of the App.