The website www.elipsos.com (hereinafter referred to as the "Website") belongs to the company ELIPSOS INTERNACIONAL, S.A (hereinafter referred to as "ELIPSOS") with registered domicile in C/ ALBERTO AGUILERA 7, 5º PISO, PTA IZQ. 28015, MADRID, with company tax number (CIF) A-82831025, and registered in the Registry of Companies of Madrid, Volume 16280, Folio 0 Folio 1, Section 8, Page M-267397.
ELIPSOS wishes to welcome you and encourages you to read attentively the General Terms and Conditions of this Website (hereinafter referred to "General Terms and Conditions") that describe the terms and conditions applicable to the browsing, in agreement pursuant to the applicable Spanish legislation. Given the fact that ELIPSOS may modify in the future these Terms and Conditions, we recommend you to check them from time to time in order to be duly informed of the changes implemented.
With the purpose of following transparency, clarity and simplicity criteria in the Website, ELIPSOS informs the User that any suggestion, doubt or query about the General Terms and Conditions shall be admitted and solved by contacting ELIPSOS on the phone number 93 452 25 10, or the email address: firstname.lastname@example.org
1. SUBJECT MATTER
Also, the User is advised that on some occasions particular conditions for the use of specific contents and/or services in the Website may be established. The use of such contents or services entails acceptance of the particular conditions specified therein.
Through the Website, ELIPSOS offers the User the possibility to:
Know about the destinations, trains, connections, rates, offers and times of the trains and trips organized by ELIPSOS.
Obtain all the necessary practical information for a journey.
Organize trips that adjust to the User's preferred destinations, activities of choice and travel modes that best fit their needs.
Receive information through a Newsletter with news, offers, specials, contests and events organized by ELIPSOS.
Get updates on departure and arrival times, available seats and connections with other trains in order to plan the trip.
Request customized quotes for organized group trips and benefit from special rates.
Enter Contests and Sweepstakes organized by ELIPSOS through the Website or our corporate social profiles.
Contact Customer Service about any doubt, query or incident related to the services provided.
(Hereinafter referred to as "Services".)
The User is hereby duly informed that ELIPSOS shall only provide the abovementioned services. Ticket booking shall not be managed through this Website, although it does connect with the Websites that do provide such service:
ELIPSOS is liable for the services provided through its Website, but not for the services provided through linked websites.
3. PRIVACY AND DATA PROCESSING
In the event that a User freely decides to go to a different website linked to the Website, this will be done at the User's own risk, and ELIPSOS shall not be held liable for the relation arising between the User and the owner of the linked website.
If the User considers that ELIPSOS is misusing his or her personal data, the User may exercise his or her rights under the current legislation on Personal Data Protection (Access, Rectification, Cancellation, and Withdrawal of Consent) by sending a written communication to the abovementioned registered domicile of ELIPSOS.
4. INDUSTRIAL AND INTELLECTUAL PROPERTY
The User acknowledges and accepts that all contents shown on the Website and in particular designs, texts, images, logos, icons, buttons, software, trade names, brands or any other signs that may be used for industrial and/or commercial use are subject to Intellectual Property rights; and that all brands, trade names or distinctive signs, all industrial and intellectual property rights on the content and/or any other elements inserted on the site belong exclusively to ELIPSOS and/or third parties, who have the exclusive right to use them in the course of trade. Therefore, the User agrees not to reproduce, copy, distribute or make available or otherwise communicate publicly, transform or modify such contents, holding ELIPSOS harmless of any claim that may arise from the failure to fulfill such obligations.
The access to the Website does not imply any type of total or partial waiver, transfer, license or assignment of such rights, except otherwise expressly established. These General Terms and Conditions of the Website do not grant the User any right of use, alteration, exploitation, reproduction, distribution or public communication of the Website and/or its contents, other than those expressly stated herein. Any other use or exploitation of any rights shall be subject to prior and express authorization granted for that purpose by ELIPSOS or the third party holder of the rights concerned.
The contents, texts, photographs, designs, logos, images, computer software, source code, and in general, any intellectual creation in this site, as well as the site itself in its entirety, as a multimedia artistic work, are protected as copyright by the legislation on Intellectual Property. ELIPSOS is the owner of the elements that compose the graphic design of the Website, the menus, buttons, navigation buttons, the HTML code, the texts, images, textures, graphs, and any other content of the Website, or in any case has the necessary authorization to use such elements. The content of the Website may not be fully reproduced in whole or in part, transmitted or registered by any information retrieval system or in any way or means, unless prior written authorization is previously granted by the abovementioned entity.
Also, it is forbidden to delete, elude and/or handle the "copyright" as well as the technical protection devices, or any information mechanisms that may be included in the contents. The User of the Website undertakes to respect the abovementioned rights and to avoid any action that may infringe them. ELIPSOS reserves under all circumstances the right to exercise whatever legal actions or procedures it may be entitled to in order to defend its legitimate intellectual and industrial property rights.
5. WEBSITE USER OBLIGATIONS AND RESPONSABILITIES
The User agrees to:
a) Make an adequate and lawful use of the Website, as well as of its contents and services, in compliance with: (i) the applicable legislation at any given time; (ii) the General Terms and Conditions of the Website; (iii) the generally accepted moral and good behavior, and (iv) the public order.
b) Be equipped with all technical means and requirements necessary to access the Website.
c) Provide on a voluntary basis true information regarding personal data when completing the forms contained in the Website, and keep them updated in such a way that they reflect at all times the real situation of the User. The User shall be solely liable for false or inaccurate statements made and of the damages caused to ELIPSOS or to any third party suppliers by the information provided.
The User must also refrain from:
a) Making unauthorized or fraudulent use of the Website and/or the contents with unlawful purposes or effects forbidden in these General Terms and Conditions, that is damaging to the rights and interests of third parties, or that may in any other way harm, render useless, overload, deteriorate or prevent the normal use of the services or documents, files, and any other type of contents stored in any computer equipment.
b) Accessing or trying to access restricted resources or areas of the Website without meeting the required conditions for such access.
c) Causing damages to the physical or logical systems of the Website, its vendors or third parties.
d) Introducing or spreading in the network computer viruses or any other physical or logical systems that may harm the physical or logical systems of ELIPSOS, its vendors or third parties.
e) Trying to access, use and/or handle data of ELIPSOS, third-party vendors and other Users.
f) Reproducing, copying, distributing, allowing public access through any means of public communications and transforming or modifying contents, unless authorization from the holder of such rights has been granted or it is legally permitted.
g) Deleting, hiding or manipulating notes on intellectual or industrial property rights and other identification data of the rights of ELIPSOS or third parties included in the contents, as well as technical protection devices or any information mechanisms that may be inserted in the contents.
h) Obtaining or trying to obtain the contents using for such purpose means or procedures other than the ones that may have been made available for such purpose or that have been indicated expressly on the sites where the contents are present or, in general, that are regularly used on the Internet on the basis that they do not imply any risk of damaging or rendering useless the website and/or the contents.
i) Particularly and as an indication, the User agrees not to transmit, disseminate or make available to any third party information, data, contents, messages, graphs, drawings, sound and/or image files, photographs, recordings, software and in general, any type of material that:
ELIPSOS shall not be held liable for any type of damages that may arise from a misuse of the freely available services and the use by the Users of the Website. Furthermore, ELIPSOS shall not be held liable for the contents and information that may be received as consequence of an unlawful or incorrect use of such services; the User may be held liable by ELIPSOS for the damages caused.
The User shall defend, indemnify and hold ELIPSOS harmless against any damages arising from claims, actions or proceedings from any third party as consequence of their access or use of the Website. Additionally, the User agrees to indemnify ELIPSOS against any damages that may arise from the User's use of "robots", "spiders", "crawlers" or similar tools used with the purpose of gathering or extracting data, or of any other action that places an unreasonable burden on the functioning of the Website.
The User undertakes not to reproduce in any way, not even through hyperlinks, ELIPSOS's Website or any of its contents, except with express written authorization by ELIPSOS.
The Website includes links to other websites managed by third parties with the purpose of making the User's ticket booking process easier. ELIPSOS is not liable for the content of such websites, and does not take any role as guarantor and/or provider of the services and/or information that may be offered to third parties through the third-party links, so any claim connected to the services provided through linked websites shall be addressed to the owners of such websites.
The User is granted a limited, revocable and non-exclusive right to create links to the main site of the Website exclusively for a private and non-commercial use. The websites that include a link to our Website (i) shall not imply that ELIPSOS recommends such website, its services or products; (ii) shall not misrepresent their connection to ELIPSOS, claim that ELIPSOS has authorized such link or include brands, denominations, trade names, logos or any other distinctive sign of ELIPSOS; (iii) shall not include contents that may be considered of bad taste, obscene, offensive, controversial, that instigate violence or discrimination on grounds of sex, race or religion, contrary to the public order or unlawful; (iv) shall not link any site of the Website other than the main site; (v) must link directly to the Website's own address, without allowing the website that offers the link to show the Website as part of its own site or inside one of its "frames" or to create a "browser" on any of the sites of the Website. ELIPSOS may request, at any time, deletion of any link to the Website, after which such deletion must occur immediately. ELIPSOS cannot control the information, contents, products or services offered by other websites that have established links to the Website.
8. DURATION AND TERMINATION
Services provided through the Website have in principle an indefinite duration. However, ELIPSOS may terminate or suspend any of the services provided at any time, announcing whenever that is possible the termination or suspension of the particular service.
9. FORCE MAJEUR
ELIPSOS shall not be held liable if the service cannot be provided as a consequence of long-term disruptions of the power supply or telecommunication lines, social conflicts, strikes, rebellion, explosions, flooding, acts or omissions of the Government or in general, all cases of force majeure or unforeseeable circumstances.
10. DISPUTES RESOLUTION. APPLICABLE LAW AND JURISDICTION
These General Terms and Conditions as well as the use of the Website shall be governed by the Spanish law. Any controversy shall be settled by the tribunals of the registered domicile of ELIPSOS.
Should any provision of these General Terms and Conditions be found unenforceable or null under the applicable law or as consequence of a judicial or administrative resolution, such lack of enforceability or nullity shall not render these General Terms and Conditions entirely unenforceable or null. In such cases, ELIPSOS shall proceed to modify or replace the relevant provision with a valid and enforceable one that meets as much as possible the objective and pretensions reflected in the original provision.