EUROSTAR ENTERTAINMENT AND WI-FI TERMS AND CONDITIONS

1. You and your intended Eurostar e-voucher recipient (referred to together in these terms and conditions as “You”) may only purchase and use the unique code specified for a Eurostar e-voucher(“e-voucher”) in accordance with these terms and conditions.

2. To use an e-voucher, You enter the unique code where indicated in your Eurostar.com paymentscreen before completing Your online purchase.

3. You may only use an e-voucher as full or part payment against the cost of Eurostar ticketspurchased from the Eurostar.com website. You may use more than one e-voucher for any suchpurchase.  Where an e-voucher has been issued by Eurostar to You as compensation, the e-vouchermust be claimed and used in full within  twelve (12) months of the date of the incident for whichthey were issued.

4. Where You use an e-voucher to purchase a ticket which is less than the value of the relevant e-voucher, You will not receive the difference between the relevant e-voucher and the relevant ticket.You may however use the residual value as full or part payment against the cost of additionalEurostar tickets purchased from the Eurostar.com website subject to the expiration date of the e-voucher.

5. Where You use an e-voucher to purchase a ticket which is more than the value of the relevant e-voucher, Eurostar International Limited will charge to Your nominated payment credit or debit cardthe total transaction amount less than the relevant e-voucher value.

6. Where the fare terms of a Eurostar ticket purchased using an e-voucher permit a refund of all orpart of that ticket, You will receive any such refund by way of a new e-voucher or, where You paidfor that ticket using an e-voucher and another method of payment, by way of a combination of anew e-voucher and the relevant method of payment. Refunds will be awarded first by way of e-vouchers, up to the amount originally paid by e-vouchers, with any remainder refund awarded to theother method of payment originally used. Any new e-voucher issued by way of a refund will berounded to the nearest Pound, Euro or U.S. Dollar (depending on the base currency used topurchase Your ticket), and in any combination of a refund by way of another method of paymentwith such a new e-voucher that refund will be adjusted to take account of that rounding.

7. You may not use an e-voucher for a transaction that has already been processed by EurostarInternational Limited.

8. An e-voucher is non-refundable and non-exchangeable for any form of cash or credit alternativeexcept as described above.

9. Eurostar International Limited shall not be liable to You or any person if an e-voucher is lost,deleted or stolen, regardless of whether it has been used. For the avoidance of doubt, EurostarInternational Limited shall not be liable for Your failure or inability, for whatever reason, to use an e-voucher in accordance with these terms and conditions.

10. Conditions of Carriage and fare terms apply for travel on Eurostar. Eurostar tickets are subject toavailability, which may be limited.

Unless agreed otherwise, English law will apply and all communications and documentation in relation to this policy will be in English. In the event of a dispute concerning this policy the English courts shall have exclusive jurisdiction.

This agreement governs the terms of access to the entertainment and wireless internet service and associated mobile application  (the “app”) provided by Eurostar International Limited (“Eurostar”, “we” or “us”) for use onboard wi-fi enabled Eurostar trains (together the “service”). 

In order to use the service, you need to be 18 or older, or be 13 or older and have your parent or guardian’s consent to this agreement.

1. The agreement between you and us

1.1 By using the service you agree to be bound by these terms and conditions in full.

1.2 We may revise this agreement at any time and the terms which will apply to the service are the terms which are current at the point at which you access the service. 

1.3 You warrant that any registration information that you submit to us is true, accurate and complete.

2. The service

2.1 You are responsible for providing any hardware and software necessary for you to access the service and the compatibility of that hardware and software. You accept the risk of any failures to your hardware and/or software as a result of using the service.

2.2 Eurostar is providing this service to customers free of charge, and it is intended to support general web browsing activities and use of the train’s pre-loaded entertainment content. Due to limited bandwidth and to ensure a consistent experience for all customers, the service does not support high-bandwidth actions such as streaming music, streaming video or downloading large files from external locations and speed restrictions may be applied to your access.

2.3 Access to the service may be blocked, suspended, or terminated immediately at any time without notice and for any reason including, but not limited to, violation of this agreement, actions that may lead to liability for Eurostar , threaten the security of the service, disruption of access to other users or networks, licencing restrictions and violation of applicable laws or regulations.  We reserve the right to retain all or part of your personal data or any data we collect from you and disclose it to a regulator, a court, or to a public body to comply with any regulatory, government or legal requirement. Personal data submitted by you in the registration process and certain other information about you is subject to our Privacy Policy. For more information, please see our Privacy Policy at eurostar.com/uk-en/privacy-policy.

2.4  You accept that we may restrict access to specific websites or content genres at our discretion. You accept that we may modify these restrictions from time to time. 

2.5 We reserve the right at all times to withdraw the service, change the specifications, entertainment content or manner of use of the service in any way whatsoever.

2.6 If you use the app to access the services you agree that it is licenced to you on the basis of this agreement and subject to any rules or policies applied by any app store provider or operator from whose site you downloaded the app. We do not sell the app to you and we remain the owners of the app at all times and all the trade marks, copyright, database rights and other intellectual property rights in the app belong to us or our licensors. From time to time updates to the app may be issued. Depending on the update, you may not be able to use the some or all of the services until you have downloaded the latest version of the app and accepted any new terms.

3. Your conduct

3.1 You must not use the service for any unlawful, immoral or improper purpose and in accessing the service you must:

(i) Act lawfully – do not act in any way that could be unlawful or encourage others to act unlawfully.  In particular, do not infringe intellectual property rights, do not act in any way that could prejudice minors, do not reveal confidential or sensitive information and do not engage in any criminal offence or encourage others to do so. 

(ii) Act responsibly – the service is provided on the basis that you use it responsibly. You accept that there may be children or vulnerable people nearby who can see or hear how you are using the service. You must not undertake actions that are harassing, defamatory, threatening, obscene, abusive, racist, sexist, discriminatory, offensive or otherwise objectionable or inappropriate.  Do not to attempt to modify the service in any way. Do not pretend to be anyone other than yourself.  Do not collect email addresses or other personal details or use the service to send spam. Do not disturb other people nearby with excessive noise or alarming imagery. Do not to infringe upon the privacy of others while using the service, this includes the transmission of still or moving imagery of other people nearby. 

(iii) Act reasonably – do not use the service in any way that may affect the running of the service or network or other technology connected to it (for example, other users’ devices). To ensure the provision of a quality of service to all our customers and to ensure that the behaviour of some does not disadvantage the majority of our customers, you agree to abide by any fair use policy which we may apply.

3.2 You agree that you will stop using, or modify your use of the service if requested to do so by any employee or agent of Eurostar.

3.3 In relation to the app, except as expressly set out in this agreement or as permitted by any local law, you agree:

(i) not to copy the app except where such copying is incidental to normal use of the app;

(ii) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the app;

(iii) not to make alterations to, or modifications of, the whole or any part of the app, or permit the app or any part of it to be combined with, or become incorporated in, any other programs; and

(iv) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the app or attempt to do any such thing except to the extent that such actions cannot be prohibited.

4. Disclaimer

4.1 You acknowledge and agree:

(i) that the Service may not be uninterrupted or error-free;

(ii) that delays or omissions may occur when sending and receiving data;

(iii) that your device may be exposed to viruses or other harmful applications through the service;

(iv) the service is provided over a public wi-fi network and this has inherent security risks. Eurostar does not guarantee the security of the service and that unauthorized third parties may access your computer or files or otherwise monitor your connection. By using the service you assume all responsibility and risk for use of the service;

(v) Eurostar does not control, nor is it in any way liable for, data or content that you access or receive via the internet when you use the service; 

(vi) that we are not responsible for restricting access to data or content that may offend or upset you;

(vii) that it is your responsibility to ensure that any minors in your care watch age appropriate material only.  You acknowledge and agree that Eurostar is not able to control, nor is it in any way liable for, minors watching inappropriate or upsetting content;  

(viii) access to the internet via the service is dependent on the train having a good signal from the local mobile telephone network transmitters and receivers therefore we cannot guarantee full service all the time. There will be interruptions to access to the internet via service when the train passes through tunnels and other features that block the signals to and from the local transmitters and receivers. We cannot guarantee that data such as emails and web pages will be sent and received satisfactorily;

(ix) the service is provided on an "as is", "as available" basis without warranties of any kind. All warranties, conditions, representations, indemnities and guarantees with respect to the content or service and the operation, capacity, speed, functionality, qualifications, or capabilities of the service whether express or implied, arising by law, custom, prior oral or written statements by Eurostar, or otherwise (including, but not limited to any warranty of satisfactory quality, merchantability, fitness for particular purpose, title and non-infringement) are hereby overridden, excluded and disclaimed to the fullest extent possible under law; and

(x) that Eurostar’s ability to provide the service free of charge is based on the limited warranties, disclaimers and limitations of liability specified in this agreement and it would require a substantial charge if any of these provisions were unenforceable.

5. Liability

5.1 We are only liable to you as set out in this agreement. We have no other duty or liability to you. You are solely responsible for your use of the service and the consequences of such use.

5.2 You agree that, except for death and personal injury arising from the negligence of Eurostar, we shall not be liable in contract, tort, negligence, statutory duty or otherwise for any loss or damage whatsoever arising from or in connection with the service, including without limitation damage for loss of business, loss of profits or revenue, business interruption, loss of business information, loss of the use of the service, loss of goods, loss of contracts, loss or corruption or information or data or any other direct or indirect pecuniary loss (even where we have been advised of the possibility of such loss or damage).

5.3 You agree to indemnify and hold harmless Eurostar and its suppliers, licensors, officers, directors, employees, agents and affiliates from any claim, liability, loss, damage, cost, or expense (including without limitation reasonable legal costs) arising out of or related to your use of the service, any materials downloaded or uploaded through the service, any actions taken by you in connection with your use of the service, any violation of any third party's rights or an violation of law or regulation, or any breach of this agreement. This section will not be construed to limit or exclude any other claims or remedies that Eurostar may assert under this agreement or by law.

6. General provisions

6.1 Except as otherwise provided above, any waiver, amendment or other modification of this agreement will not be effective unless in writing and signed by the party against whom enforcement is sought. If any provision of this agreement is held to be unenforceable, in whole or in part, such holding will not affect the validity of the other provisions of this agreement.

6.2 This agreement shall be governed by English law and the parties hereby irrecoverably submit to the exclusive jurisdiction of the English Courts.

Version: 4 December 2015