OUIBUS GENERAL TERMS


28.10.2016    


1. PURPOSE

1.1 These general terms (hereinafter the "General Terms") apply to the contractual relations between the company SNCF-C6, SASU [Simplified Single-Person Company] with a capital of 80,500,000 €, having its registered office at 38 rue de Seine, 94400 Vitry-sur-Seine (France), registered in Créteil trade register as number 519 037 147, called hereinafter "OUIBUS" or "We", and the passenger purchasing a OUIBUS ticket or any other related service available on the website http://www.ouibus.com/, the mobile application or by telephone, called hereinafter the "Passenger" or "You".


2. DEFINITIONS

2.1 "Mobile Application" refers to the mobile application operated under the trademark OUIBUS.COM modified for display on a smartphone or tablet.

2.2 "Ticket" or "OUIBUS Ticket" refers to the transport ticket by coach issued by OUIBUS in the Passenger's name.

2.3 "Voucher" refers to a voucher the term of validity of which may not exceed six months, and which can be used for any purchase of a OUIBUS Ticket or related services on the website http://www.ouibus.com/. Each Voucher is valid only once; thus, if the value of the Voucher exceeds that of the purchased product this does not lead to any return of funds, and it is no longer possible to re-use it for a later purchase. The Voucher is sent only to the email address communicated when the initial Ticket was purchased. Consequently, no Voucher shall be issued to passengers who have not communicated a valid email address. The Voucher may be exchanged only in the currency in which it was originally produced.

2.4 "Order" refers to all reservations for Services made and confirmed by the Passenger on the Website http://www.ouibus.com/, the partner websites, the Mobile Application, by telephone and the sales outlets.

2.5 "Transport Contract" refers to the contract made between OUIBUS and the Passenger by which OUIBUS undertakes to transport the Passenger by coach from the departure point to the chosen destination.

2.6 "Journey File" refers to a file listing all the characteristics of a journey or of several journeys, associated with a reference number which You are given by a confirmation email or on paper.

2.7 "Force Majeure" refers to unforeseeable and irresistible circumstances as defined by legal doctrine and case law in force.

2.8 "Passenger" refers to the person whose personal data is given on the Ticket.

2.9 "OUIBUS Services" refers to all services undertaken by OUIBUS in performance of the transport contract, and all services associated with the journey supplied by OUIBUS.

2.10 "Related Services" refers to the services offered via the website http://www.ouibus.com/, the partner websites, the Mobile Application, by telephone and the sales outlets.

2.11 "OUIBUS Website" refers to the website published by OUIBUS at the URL address http://www.ouibus.com/, which You can visit to in order to log in to access the various OUIBUS services.


3.APPLICATION OF THE GENERAL TERMS

3.1 The present General Terms apply to the OUIBUS Services available from the OUIBUS Website, from the Mobile Application, from the partner websites, or by telephone, and from all the sales outlets..

3.2Finalisation of all Orders on the OUIBUS Website and the Mobile Application is conditional (i) on acceptance of these General Terms, (ii) on communication of the Passenger/s' personal details, (iii) on communication of your bank details and (iv) on confirmation of full payment for the OUIBUS Services. Online acceptance of these General Terms is confirmed by a mandatory box-checking process. In respect of orders by telephone or in sales outlets, the General Terms can be viewed on request or at any time from the OUIBUS Website or from the Mobile Application.

3.3 Since the General Terms may be modified, the applicable terms are those in force on the date on which the Order is passed.


4. CONCLUSION OF THE CONTRACT RELATIVE TO THE PURCHASE OF THE TICKETS AND/OR OF THE RELATED SERVICES

Terms to pass an Order

4.1You declare that you are at least 18 years old, and that you have legal capacity, or are the holder of a parental authorisation allowing an Order to be passed. You are financially liable for all Orders passed, both in your name and on behalf of third parties, including minors.

4.2 This contract shall be concluded in French

4.3 You guarantee the truthfulness and accuracy of the information provided by Yourself or any other third party using your data, unless you produce proof that the information supplied by the third party is the result of fraud which is not due to fault or negligence by Yourself.

4.4 Any deed which contravenes these principles may lead to refusal by OUIBUS to finalise the Order or to provide the Services to You.

4.5 When you pass an Order for Tickets on behalf of other Passengers, You must check that these Passengers comply with OUIBUS' General Terms. Any use of a Ticket is equivalent to acceptance of the General Terms by the Passenger.

4.6 All the information relative to your Order is given in your Journey File.

Order on the OUIBUS Website, the Mobile Application and by telephone.

4.7 The order for a Ticket and Related Services on the OUIBUS Website and the partner websites, the Mobile Application and by telephone involves the steps described hereinafter, and shall be effective only after full payment of the Ticket.

Journey search

4.8 Except for purchase by telephone and in sales outlets You enter a query in the online search engine in which you choose:

  1. the number of Passengers (subject to availability);
  2. the dates and times of the outward and/or return journey(s);
  3. the journey;
  4. the number of Luggage Items;
  5. if applicable, the Related Services.

4.9 If a Return Ticket is ordered, the same Passenger must make both journeys. If the Passenger making the outward journey is not the same one making the return journey, two One-Way Tickets must be ordered.

4.10 After this query is entered the OUIBUS Website and the Mobile Application display one or more offers. After you have clicked on the Service(s) of your choice, You must enter your bank details.

4.11 The details of the Passenger(s) and the total price of the Service(s) are shown as the transaction progresses, enabling You to check the details of your Order and to correct any errors. OUIBUS consequently asks You to check that all the information relating to the journey matches your requirements (date, time, origin and destination, price), and that the information relating to the personal details of the Passenger(s) is correct, honest and accurate. It may no longer be modified after the Order is confirmed, except for data relative to the Passenger, during the 12 hours following the Order, in accordance with art.8.3.

Paying for your Ticket

4.12 Payment of the Services on the OUIBUS Website and the Mobile Application is made by bank card. The accepted payment methods are:

  1. payment cards issued in France by the Carte Bleue, MASTERCARD, VISA and MAESTRO networks;
  2. payment cards issued in the European Union and in the following countries: Algeria, Andorra, Argentina, Australia, Brazil, Canada, Chile, China, Cyprus, Colombia, Curaçao, United States, Finland, Hong Kong, Liechtenstein, India, Indonesia, Ireland, Israel, Japan, Kosovo, Morocco, Malaysia, Mexico Monaco, Norway, New Zealand, Peru, South Korea, United Kingdom, Russia, Serbia, Singapore, Switzerland, Tunisia, Turkey, Uruguay;
  3. by the EUROCARD, MASTERCARD, and VISA, iDeal and Bancontact networks.

These payments are made through a secure 3D Secure system.

4.13 If paying using Vouchers, if the value of the Voucher is higher than the price to be paid online when passing your Order, the residual value of the Voucher shall be lost, and shall not be followed by any reimbursement by OUIBUS.

4.14 In addition, if the payment is irregular or incomplete, or if it is not made for a reason attributable to Yourself, the Order would be cancelled immediately, and any costs resulting from this cancellation would be payable by You.

Confirmation of your Order

4.15 After You have paid for your Order confirmation is automatically sent to You by email containing the details of it and the references of your Journey File.

4.16 You shall therefore always be able to access this order via your Journey File.

4.17 OUIBUS declines all liability if this email is not received if this is not due to a breach of its obligations (case of Force majeure, error in the email address sent to OUIBUS by the Passenger, incorrect configuration of your email inbox).

4.18 The Passenger is informed that administrative costs may be applied in the case of Tickets purchased from sales outlets. A Journey File number is communicated to the Passenger.

PURCHASE OF TICKETS FROM SALES OUTLETS

4.19 Administrative costs may be applied in the case of Tickets purchased from sales outlets. A Journey File number is communicated to the Passenger.

PURCHASE OF TICKETS ON BOARD

4.20 Tickets may be purchased on the coach on certain lines, subject to the available places. The applicable rate is the rate displayed for the journey in question on the day of the journey, plus a supplement of five (5) Euros. If this facility is not offered the Passenger must purchase their Ticket by another means (OUIBUS Website, Mobile Application or by telephone, in particular).

COMMON PROVISIONS

4.21 In accordance with article 8 of the General Terms, each exchange of a Ticket shall give rise to generation of a new Ticket from the OUIBUS Website or from the Mobile Application. Tickets purchased on the coach are not exchangeable; the same applies to tickets purchased at the latest 15 minutes before departure.

4.22 It is therefore Your responsibility to check that the Passenger's personal information (identity, email address, age) communicated when the Order is passed is correct.


5. PRICE AND PAYMENT

5.1 The prices of the Services are displayed including all taxes, costs and service costs relating to them.

5.2 The price includes transport of a Luggage Item placed in the hold. Transport of a second Luggage Item is possible, subject to availability and on payment of a supplement of 5 €.

5.3 In addition, certain taxes or additional costs (tourist tax, tourism levy, visa and/or tourist card costs, etc.) may be added on to your charge by the authorities of certain States. These additional taxes and costs are not included in the price of the Services.


6. TRANSPORT TICKETS

6.1 The OUIBUS Ticket is the document which formalises the Transport Contract between the Passenger and OUIBUS. This ticket is personal and cannot be transferred.

6.2 On national lines the Passenger must show an identity card before boarding the coach - a national identity card, a passport, a document issued by a public authority including a photograph which resembles the individual (driving licence, residence permit, family allowance booklet authorised for children of under twelve) - in order to enable the boarding personnel to check that the Passenger has a Ticket.

6.2 On international lines the Passenger presents a currently valid passport or national identity card. This verification is independent of formalities relating to the crossing of borders, compliance with which is the Passengers' sole responsibility (cf. article 11 hereinafter).

6.3 OUIBUS Tickets are non-refundable and non-cancellable, but they are exchangeable.


7. RIGHT OF WITHDRAWAL

7.1 In accordance with article L.221-2 of the Consumer Code, remote selling of transport service tickets for the transport of passengers is not subject to the application of the right of withdrawal set out in articles L.221-18 and following of the Consumer Code.

7.2 Consequently, Services ordered remotely (on the OUIBUS Website, the mobile application or by telephone) are subject only to the terms of exchange and cancellation set out in the present General Terms.

8. EXCHANGE

8.1 OUIBUS Tickets are personal and valid only for the journey purchased.

8.2 OUIBUS Tickets are non-refundable and are subject to varying conditions of exchange based on the tariff conditions of the ticket.

8.3 OUIBUS Tickets with Standard Fare may be exchanged only for another OUIBUS Ticket. It is possible to modify one or more of the following elements of your journey, including in particular:

  1. the date and/or time of departure,
  2. the titles, surnames, first names and date of birth of the Passenger.
  3. the Related Services.

8.4 To exchange the Passenger's identity: within 12 hours following the purchase of the OUIBUS Ticket with Standard Fare, the exchange is free of charge on the OUIBUS Website and the mobile application. After this period an exchange shall give rise to administrative costs of 5 Euros, applicable per Passenger and per journey changed (1 one-way OUIBUS Ticket = 1 journey and 1 return OUIBUS Ticket = 2 journeys). If the Passenger's identity is exchanged by telephone the exchange shall give rise to administrative costs of 10 €, applicable per Passenger and per journey exchanged (1 one-way OUIBUS Ticket = 1 journey and 1 return OUIBUS Ticket = 2 journeys).

8.5 To exchange the times or dates of the journey on a OUIBUS Ticket with Standard Fare: if the times or date of the journey on the OUIBUS Website or the mobile application is exchanged, the exchange shall give rise to administrative costs of 5 €, applicable per passenger and per journey exchanged (1 one-way OUIBUS Ticket = 1 journey and 1 return OUIBUS Ticket = 2 journeys). If times are exchanged by telephone the exchange shall give rise to administrative costs of 10 €, applicable per passenger and per journey exchanged (1 one-way OUIBUS Ticket = 1 journey and 1 return OUIBUS Ticket = 2 journeys).

8.6 A OUIBUS Ticket with Standard Fare may be exchanged only if all the following conditions are met:

  1. The OUIBUS Ticket with Standard Fare must be exchanged at the latest 15 minutes before the departure of the journey to be exchanged, and within the opening times of the exchange centre when the exchange is made by telephone;
  2. Places are available for the new chosen journey in the new chosen coach;
  3. If the price of the new OUIBUS Ticket is greater than the price of the one which You wish to exchange, You must pay the difference, in addition to any applicable administrative costs;
  4. If the price of the new OUIBUS Ticket is less than the price of the one which You wish to exchange, You shall receive a Voucher, after any applicable administrative costs have been deducted;
  5. Concerning exchange of Related Services, this is possible only:

i) if the replacement service relates to a previously ordered OUIBUS Ticket which is valid for a coach the places of which are already open for reservation,

ii) if the Related Service is not described as non-exchangeable on the OUIBUS Website.

8.7 OUIBUS Promo Tickets are not refundable nor exchangeable.


9. CONNECTIONS

9.1 OUIBUS reserves the possibility of organising connections.

9.2 OUIBUS declines all liability for connections purchased in a transport contract other than the OUIBUS Transport Contract.


10. CARRIER'S OBLIGATIONS

10.1 OUIBUS uses appropriate means to ensure the safety of the Passengers. With this regard, the driver of the coach takes the necessary measures to ensure the safety of the Passengers and, if required, gives instructions to the Passengers, who are obliged to follow them. Stops are left to the initiative of the carrier or the driver to meet the safety obligations, and comply with employment regulations relating to drivers' driving and rest times, or to all other necessities.

10.2 Transport of dangerous or illegal goods is prohibited in OUIBUS coaches, either in the cabin or in the hold, such as in particular:

  • narcotics;
  • weapons;
  • fuels;
  • batteries with electrolyte;;
  • fireworks, firecrackers, Bengal lights, distress rockets, imitation pistols, firelighters and tear gas;
  • camping stoves, gas bottles, oxygen diving tanks. ;

11. PASSENGERS' OBLIGATIONS

11.1 On board of the coach you must comply with the following rules:

  1. You must not speak to the driver while they are driving;
  2. You must fasten your safety belt;
  3. You must not move about the central aisle during the journey except to go to the toilets;
  4. You must follow all the safety instructions given by the driver or the passenger information system;
  5. You are prohibited from vaping, smoking, consuming narcotics and/or drinking alcohol;
  6. You must keep the cabin and equipment clean.
  7. You must sit in the place indicated in the OUIBUS Ticket, unless otherwise authorised or requested by the driver;
  8. You must leave the coach during breaks when requested by the Driver or any police or customs authority;
  9. If the driver authorises the Passengers to remain in the coach during breaks the Passengers must not disturb the driver during their break
  10. Passengers must remain on board the coach at the unloading points if they have not reached their final destination, unless otherwise indicated by the driver.
  11. You must behave calmly and silently;
  12. You must keep your mobile phone in "silent" mode during the entire journey;
  13. You must not use any noisy or sound equipment (unless You use a headset);
  14. In respect of Passengers accompanied by minors, these Passengers must keep the minors under their responsibility, and supervise them with special care, in order to ensure that the on-board safety rules are followed at all times;

11.2 During stops You must comply with the following rules:

  1. You must not remove luggage from the hold during the journey unless duly justified in doing so (e.g.: medical obligation);
  2. Be aware of the duration of the determined stops; the driver reserves the right to leave if a Passenger does not return within the time of the determined stop, and shall not be held liable for the absence of the said Passenger.

12. HEALTH AND ADMINISTRATIVE FORMALITIES

12.1 You are informed of administrative and/or health formalities normally required for the journey on the OUIBUS Website, the Mobile Application and in your confirmation email. It is Your responsibility and that of the Passengers to read them. The information contained on the Website relates to citizens of countries of the European Economic Area (EEA).

12.2 Accomplishment of, and the costs resulting from, any police, customs or health formalities required for your journey, such as the holding of a passport, a national identity card, a residence permit, a visa, a medical certificate, etc., are Your responsibility and the responsibility of any third-party Passengers.

12.3 With regard to citizens of countries outside the EEA, they are strongly recommended to obtain information, before purchasing the Ticket, from the competent authorities of their country of origin, and from the country(ies) of destination and of transit.

12.4 If, due to any failure to comply with these formalities, any Passenger is unable to leave on the date indicated, or to cross a border during the journey, OUIBUS declines all liability in relation thereto.


13. MINORS

13.1 Babies aged 0 to 24 months on the date of departure pay half-price.

13.2 To travel on our coaches minors under 16 must be accompanied by a person of major age (aged 18 or over).

13.3 However, Minors aged 12 to 16 can travel alone on national lines if they hold an authorisation to travel alone which has been duly completed and signed by their legal representative or their guardian.

13.4 Minors over 16 may travel alone.

13.5 On national lines minors must be in possession of an identity document (national identity card, passport, family allowances booklet up to 12 years old, or any document issued by a public authority including a photograph which resembles the individual). On international lines minors must be in possession of the documents required to cross the borders (currently valid national identity card or passport).


14. ANIMALS

14.1 Guide dogs of visually impaired Passengers are the only animals allowed on board. For international journeys, You are informed that the transport of guide dogs may be subject to the compliance with mandatory prior formalities, which it is Your responsibility to check and to accomplish.


15. BOARDING AND REFUSAL OF BOARDING

15.1 OUIBUS does not guarantee the transport of Passengers who arrive at the place of boarding less than 15 minutes before the departure time given in the Ticket.

15.2 When Passengers do not meet their obligations arising from these General Terms, OUIBUS reserves the right to refuse boarding or de-boarding of the Passenger in the course of the journey. OUIBUS may refuse to transport a Passenger or their luggage:

  1. if the Passenger is not in possession of a valid Ticket and/or identity document;
  2. if there are reasons to believe that the transport of the Passenger or of their luggage might imperil or influence the safety, health or comfort of the other Passengers, and in particular (i) if the passenger refuses to follow the instructions, or behaves in a threatening, abusive or insulting manner towards a member of the boarding personnel or of the driving personnel; (ii) if the physical or mental state of the Passenger, including a state caused by the consumption of alcohol or the taking of drugs or medicines, poses a risk or danger for the Passenger in question, the other passengers or the driving personnel.

15.3 Under these circumstances OUIBUS is under no obligation to reimburse the Ticket in full or in part, or to make any form of compensation.


16. LUGGAGE

16.1 Passengers are informed that luggage is limited to two (2) hand-held Luggage Items which can be placed in the storage spaces located above the seats or under the occupied seat, and one (1) luggage item in the hold.

16.2 Luggage placed in the hold must not exceed a maximum weight of 20 kg and the sum of the three (3) dimensions (height + width + depth) must not exceed 170 cm in total.

16.3 Except for the Paris-London and London-Paris lines, the transport of a second luggage item placed in the hold is possible with the same size and weight limits, on payment of a supplement of 5 €, and subject to the available places.

16.4 Fully folded prams are transported free of charge in the holds.

16.5 Bulky luggage is accepted, provided the sum of the three (3) dimensions (height + width + depth) does not exceed 200 cm, with a maximum weight of 15 kg, on payment of a supplement of 10 € and subject to available places. This category includes skiing equipment, surfing equipment, golf equipment and folding bicycles. Bulky luggage must in all cases be stored in a protective cover appropriate for the products.

16.6 OUIBUS reserves the right to refuse to transport luggage exceeding the weight and size limits given in articles 16.2 and 16.5.

16.7 Luggage must in all cases be labelled with the name, telephone number and address of the Passenger in question. The Passenger may also include their email address. It is the Passenger's responsibility to label their luggage, and they are solely liable for it.

16.8 OUIBUS is not liable for guarding Passengers' hand luggage; these items must be permanently under their supervision during the journey. Passengers are responsible for their luggage during connections and when going through customs.

16.9 All luggage in the hold must be suitably packed in suitcases, bags or other appropriate containers able to withstand normal handling. Fragile objects must, as appropriate, be specially packed and indicated. Packaging of luggage is the Passengers' sole liability. We draw Passengers' attention to their liability in the event of damage caused by their luggage to third parties (person or property).

16.10 For reasons of safety and/or of security and/or at the request of the authorities, the Passenger may be approached with a view to inspecting their luggage. If the passenger refuses to comply with such a request OUIBUS may refuse to transport them and their luggage.

16.11 In the event of loss or damage of luggage placed in the hold, including bulky luggage, the compensation which OUIBUS must pay for every proven instance of damage for which it is held liable is limited to the sum of 150 € per luggage unit placed in the hold, except in the case of gross negligence.

16.12 An objection must be made by the Passenger to the OUIBUS personnel immediately in relation to losses of and damage to luggage placed in the hold, and must be confirmed in writing with an acknowledgement of receipt to the address given in art. 23 at the latest 15 days after the end of the journey. Failing this, no claim shall be accepted by OUIBUS.

16.13 At the end of the journey the Passenger is obliged to check that no luggage, object or personal effect has been left on board by mistake.


17. DELAYS

17.1 The departure and arrival times given on the OUIBUS Website and the Mobile Application are given in local time. OUIBUS undertakes as far as possible to comply with these times. However, time changes may be made during the year due to various causes (road traffic, change of the transport plan, breakdown, accident, strikes, meteorological conditions). With this regard, OUIBUS shall strive to the best of its ability to inform You as rapidly as possible, by sending You an email to the email address and contact details communicated when the Order was passed. OUIBUS may not however be held liable if You have refused to communicate your details or if You have provided incomplete or erroneous details to OUIBUS and if You have not received the information relating to the modification of the journey.

17.2 In the event of a delay due to a case of force majeure OUIBUS shall not be liable for prejudice caused to the Passenger, and shall not be liable to reimburse the Ticket, fully or partially, or to make any compensation.


18. CANCELLATIONS

18.1 If a journey by coach is cancelled, or if the departure is delayed by more than 120 minutes, OUIBUS shall strive to the best of its ability to inform You of this as rapidly as possible by sending an email to the email address which You registered when you passed your Order.

18.2 We may offer you the choice between rerouting to the planned destination in a coach leaving on a different date and/or time without additional costs, as rapidly as possible, and on comparable terms, or reimbursement of the price of the Ticket and, if applicable, a gratuitous return transport service, by bus or by coach, as rapidly as possible as far as the initial point in the transport contract. In this case You shall lose any entitlement to compensation or reimbursement under this article.

18.3 If no such proposal is made, or if you do not reply, or refuse to reply, to such a proposal, within a period of three (3) months from receipt of it, a Voucher shall be issued to you, for a value identical to the one You paid to purchase your cancelled Ticket and any related services attached to this Ticket. This voucher shall be sent to you by email, to the address you registered at the time of your Order.

18.4 You can also contact Customer Service to request cancellation of the Voucher, and instead obtain reimbursement of the exact price of the OUIBUS Ticket in question, plus any Related Services and/or supplement attached to this Ticket. The price shall be re-credited to the bank card used to pay for the cancelled Ticket. No reimbursement shall be possible if the Voucher issued following the cancellation has been used, in whole or in part.


19. INSURANCE

19.1 No insurance is included in the prices of the Tickets. Consequently, OUIBUS recommends that You take out an insurance contract covering the consequences of certain cases of cancellation, and an assistance contract covering certain particular risks, in particular costs of repatriation in the event of an accident or sickness.


20. GUARANTEES AND LIABILITY

Carrier's services

20.1 OUIBUS undertakes to apply all its competences to give Passengers satisfaction during their journey. OUIBUS, in its capacity of carrier, is answerable for bodily injury and material damage incurred by the Passenger caused as a consequence of the operation of its road transport services. The above-mentioned liability rules apply on the terms applied by ordinary transport contract law.

20.2 Consequently, We cannot under any circumstances accept liability for any failure to perform or poor performance of all or part of the transport contract which is attributable either to acts by You, to acts by the Passenger, or to unforeseeable and insurmountable acts by a third party to the service.

Use of the OUIBUS Website and of the Mobile Application

20.3 We make no guarantee to you that the OUIBUS Website and the Mobile Application are free of anomalies, errors or bugs, nor that these may be corrected, nor that the OUIBUS Website or the Mobile Application operate without interruption or malfunctions, nor, in addition, that it is compatible with equipment or a particular configuration other than those expressly given by OUIBUS.

20.4 We are under no circumstances liable for malfunctions attributable to software of third parties.

20.5 We shall under no circumstances be liable for any type of foreseeable or unforeseeable loss, whether tangible or intangible (including loss of profits or of opportunity, etc.) arising from use, or total or partial impossibility to use, the OUIBUS Website or the Mobile Application. Finally, since OUIBUS cannot control all the sites to which it links by means of hypertext links, which exist only to facilitate Passengers' searches, OUIBUS is under no circumstances liable for their content.

20.6 You declare that you are familiar with the characteristics and limits of the Internet, and in particular with its technical performance, problems relating to connection and/or access to the Internet and/or to websites; problems relating to availability and congestion of networks; problems relating to failure or saturation of networks; problems relating to transit time, access to information put online, and to response times to display, view, query or otherwise transfer data; risks of interruption; lack of protection of certain data against possible misappropriation or hacking; risks of contamination by possible viruses present in the said networks, for which OUIBUS may not be held liable.


21. INTELLECTUAL PROPERTY

21.1 All elements and all content present on the OUIBUS Website and the Mobile Application or documents sent by OUIBUS are protected by an intellectual property right and are the property of OUIBUS or of its partners. Any use of these elements, content or documents not authorised by OUIBUS (reproduction, representation, extraction, re-use, etc.), in whole or in part, constitutes an infringement of intellectual property for which its author may be held civilly and criminally liable.

21.2 The licence to use the OUIBUS Website and the Mobile Application which is granted to you is limited to access and use solely for your personal usage. You are not authorised to download or to modify all or part of the OUIBUS Website or the Mobile Application without our prior, written and express approval.

21.3 This licence does not permit you, under any circumstances, to use, for sale or for any other commercial use, the OUIBUS Website or the Mobile Application, or the content relating to it (listed products, descriptions, prices, downloading or copying of data on behalf of another trader, use of data, software, sound extracts, artwork, images, texts, photographs, tools, extraction and re-use of the content of databases).

21.4 The OUIBUS Website and the Mobile Application and all parts thereof must under no circumstances be reproduced, copied, sold or exploited for commercial reasons without our express, written authorisation. You must not use techniques enabling a trademark, a logo or any other information (in particular images, text and layouts) of which We are the owners to be copied, without our express, written agreement.

21.5 You must not use the meta-tags or any other "hidden" text containing our name, our trademark or that of the companies in our group without our express, written agreement.


22. PROTECTION OF PRIVATE LIFE WITH REGARD TO PROCESSING OF PERSONAL DATA

22.1 The information which You communicate on the OUIBUS Website or the Mobile Application enables OUIBUS, and its partners, to process and perform the Orders and, if applicable, to manage operation of the Client account. It also enables OUIBUS to manage your subscription to its newsletter.

22.2 The OUIBUS Website and the Mobile Application make use of cookies.

22.3 To inform you fully how your personal data is used, we give you access at all times to our "Confidentiality Charter", which may be accessed using a hypertext link at the bottom of all pages on the OUIBUS Website and on the Mobile Application.


23. ASSISTANCE AND COMPLAINTS

23.1 To enable You and any third-party Passengers to communicate rapidly with OUIBUS, an online assistance and complaint form is also available on the OUIBUS Website under the heading "Help".

23.2 With regard to all requests relating to tracking their orders, Passengers may contact Customer Service using the online form, or by telephone, 09 69 32 33 48 (price of a local call), from Monday to Saturday, from 8:30 AM to 8 PM. For other countries the number is as follows: Belgium: 070 300 42 (maximum 0.30 €/min., from a land line), Netherlands: 0900 0401 625 (0.0357 €/min.), Great Britain: 0844 369 0 379 (05p/min., plus network extras), Italy: 848 350 026 (0.0619 € per call + 0.0216 €/minute). All complaints must be sent using the online contact form, or by registered letter with acknowledgement of receipt to the following address: SNCF-C6, 38 rue de Seine, 94400 Vitry-sur-Seine (France). The complaint must be sent within a period of three (3) months from the date of the default, and must be accompanied by the original of the Ticket, failing which it shall not be processed. Within a period of one (1) month following receipt of the complaint OUIBUS shall inform you whether it has been accepted or rejected, or is still being examined. A definitive reply shall be sent to you within a period of three (3) months after receipt of the complaint.

23.3 A Passenger who is not satisfied with the reply made to their complaint may refer the matter to the Tourism and Travel Mediator, the contact details and referral methods of which are available on its website: www.mtv.travel


24. APPLICABLE LAW AND COURTS WITH JURISDICTION

24.1 These General Terms, and more generally the contract which You conclude with OUIBUS, are subject to French law. All disputes relating to their interpretation and/or performance come within the jurisdiction of the French courts.

24.2 If an amicable settlement of a complaint relating to the Services concerned by these General Terms cannot be reached, proceedings may be instituted only against OUIBUS.


25. FINAL PROVISIONS

25.1 Should OUIBUS fail, at any given time, to claim the benefit of one of the provisions of these General Terms, this may not be interpreted as equivalent to a relinquishment by it to claim the benefit of them subsequently.

25.2 If one of the provisions of the General Terms is declared invalid or without effect, it shall be deemed to be unwritten, but this shall not affect the validity of the other provisions, unless the provision declared invalid or without effect was essential and determining.

25.3 Electronic data kept in OUIBUS' Information Systems relating to all Orders has probative force between the parties, until proof to the contrary is produced. This electronic data therefore constitutes admissible, valid proof which is binding on the Passenger on the same terms and with the same probative force as any documents produced, received or kept on paper.