Terms and Conditions – Trainline for Business

1. The Agreement

Trainline for Business is a rail and bus travel service (the “Service”) exclusively aimed at corporate customers, known as Corporates (as defined in Annex 1). The Service is accessible through the Website and applications provided by Trainline SAS, which may be supported by one or more TL Affiliate(s).

TRAINLINE SAS (herein after referred to as “Trainline” or “TL”) is a simplified joint-stock company with a share capital of 118,513.94 euros, whose registered office is situated in Paris (75009) – 20 rue Saint-Georges. The company is identified in the Trade and Companies Register of Paris under the number 512 277 450, intra-community VAT number FR58512277450.

These terms and conditions apply to the Corporate’s use of the Service. Trainline reserves the right to amend these terms and conditions at its discretion from time to time. If the Corporate has not subscribed to the Standard or Premium Option via the Website, these terms are to be read together with the order form & schedules agreed between the parties.

The English language version of these terms and conditions shall be controlling in all respects and shall prevail in case of any inconsistencies with any translated versions.

2. Subscription

To use the Service, the Corporate or the Customer Admin on the Corporate’s behalf, must create a corporate account (the “Account”) by giving the name of its company and other details in the dedicated section of the Website. The Customer Admin, on the Corporate’s behalf, may then invite its colleagues, employees and associated personnel as permitted under this Agreement (“Users”) to use the Booking Services. The Corporate may not invite or use the Booking Services to book on behalf of any of its affiliated companies. Any affiliated company of the Corporate who wishes to use the Services must create its own Account.

There are two subscription options available on the Website, Standard and Premium (each an “Option”). If the Corporate has subscribed to the Service on the Website, by default, the Corporate registers to the Standard Option. At any time, the Corporate or the Customer Admin on the Corporate’s behalf may decide to upgrade to the Premium Option.

To use the Premium Option, the Corporate must pay a subscription fee for each Active Passenger (the “Subscription Fee”).  Trainline may from time to time amend the Subscription Fee(s) and any other fees by providing prior notice to the Corporate.

Trainline may, at its discretion, offer the Corporate a free trial of the Premium Option, for such period as Trainline elects. These terms and conditions shall apply to any use of the Premium Option by the Corporate during any free trial period.

If the Corporate, or the Customer Admin on its behalf, elects to upgrade to the Premium Option, the Premium Option Services will be made available to the Corporate immediately. After such an upgrade, any new Active Passengers will be considered Active Passengers under the Premium Option. Any existing Active Passengers will continue to be considered Active Passengers under the Standard Option until the end of the original subscription period of one month, after which point they will be automatically upgraded to Active Passengers under the Premium Option. For more details on the billing process after upgrading to Premium, please see the Help section on the Website.

3. User and Passenger Administration

The Customer Admin will be responsible for managing, monitoring and controlling the Users’ (including any Active Passengers’) access to the Booking Services. The Customer Admin will have access to the personal information which Users and/or Active Passengers input into the Booking Services via the Website, including in their individual profiles.

The Customer Admin will be responsible for assigning the User Roles appropriately. The Customer Admin may appoint any User as an additional Customer Admin at any time. Upon such appointment, the new Customer Admin will get the same access rights as the existing Customer Admin, including the ability to de-activate any other Customer Admins previously assigned and to assign a new Customer Admin.

4. Termination

If the Corporate is using the Premium Option, the Corporate may end its subscription at any time by selecting the relevant option in the Customer Admin access area of the Account portal on the Website. This will automatically downgrade the Corporate’s subscription to the Standard Option and immediately only the Standard Option Services will be available to the Corporate.

If the Corporate is using the Standard Option, it may stop using the Service whenever it wishes by contacting the Trainline support team.

When the Standard Option has been ended, it will no longer be possible for the Corporate to activate new Active Passengers. Only existing Active Passengers will be able to continue to use the Booking Services until the end of their respective subscription period of one month.

Trainline can also stop the Service at any time by providing one (1) month’s written notice to the Corporate.

In case of force majeure or in case of breach by the Corporate of these terms and conditions, Trainline can also suspend or terminate the Service with immediate effect. Trainline will not offer any refund for Subscription Fees that have been paid or are payable at the time the Service is suspended or terminated for any reason.

5. Services

5.1. Use of Booking Services

The Corporate warrants that all bookings made through the Booking Services shall be for the Corporate’s employees, contractors and associated personnel only. The Corporate shall promptly put in place and maintain adequate systems to enable the launch of and access to the Service and Booking Services at its own cost (including any telecommunication costs it may incur). The Corporate acknowledges and agrees that Trainline has the right to make changes to the Service and Booking Services at any time at its discretion and the Corporate shall maintain an internet browser and systems that support new or upgraded versions of the Booking Services, as notified by Trainline from time to time.

The Booking Services can be used for booking the European rail and bus travel services which Trainline offers (excluding UK rail and bus).

The Booking Services can be accessed via the Website or via the Trainline EU mobile application, including for ticket retrieval, journey information, management of bookings and, where the Corporate has subscribed to the Premium Option, integration of booking data with certified third parties. The Booking Services allow Users to make rail and bus enquiries and select Passenger Tickets, payment and fulfilment options.

Neither party warrants that the transmission of their respective websites and/or Booking Services will be uninterrupted or error-free but each shall use reasonable commercial endeavours to minimise any disruption.

Whilst the Customer Admin has the appropriate rights to provide access to Users to the Booking Services, the Corporate is responsible for all access to the Booking Services, whether authorised or not, and shall promptly notify Trainline if it becomes aware of any unauthorised use.

When booking on behalf of other Users, the User making the booking must ensure that the mandatory information provided in relation to those Users is correct, complete and up-to-date. The Corporate is responsible for the accuracy of the respective personal information of each User and must ensure that it has collected any necessary consent from all Users.

Depending on the User Role, Users may access and modify certain data on the profiles of other Users and Active Passengers. Each User that has this capability shall be responsible for updating Active Passenger profiles on the Booking Services to enable fulfilment of the Passenger Tickets, for ensuring that such data is correct and for not using this data in any way other than for the purposes of the Booking Services.

Trainline shall not be held responsible for the issuing of a Passenger Ticket containing incorrect or false information if such information has been provided by the Corporate or its Users.

5.2. Additional Services

In addition to the default Standard Option Services, the Customer Admin will also be able to input an SNCF corporate contract reference (if applicable) and access a monthly invoice recap, which shall include the company invoicing details.

Under the Premium Option, the additional services as described on the Website will be offered to the Corporate.

If the Corporate has independently negotiated a corporate rate with an Operator for which such rates are supported, the Corporate will formally request the Operator(s) to allow Trainline to access such rates. It is the Corporate’s responsibility to ensure Trainline is provided with the relevant code from the Operator so that the rate can be applied to the Account. The Customer Admin will either implement the relevant code in the Account portal or communicate the relevant code to Trainline to apply to the Account.

Trainline may agree to provide additional services to the Corporate, which may be agreed upon in a separate agreement with the Corporate.

6. Operators

6.1 Booking with Trainline

Journeys booked via the Booking Services are exclusively provided by several rail or road operators (hereinafter referred to as the “Operators”). Trainline only acts as an official agent on behalf of the Operators. Details of the Operators can be found at https://faq.trainline.eu/article/315-where-can-i-travel-with-trainline. Journeys offered by other operators will not appear in the search results.

Trainline takes great care in the presentation and description of the search results that are displayed to Users. However, the prices indicated in the search result are provided to Trainline by the Operators and Trainline is unable to guarantee that all of the information in the Booking Services (including timetables, real-time data and fares) will be accurate or error-free.

In view of the functioning of the Operators’ pricing system process, prices may change at any time and notably between the time they are presented on the search results page and their final selection before payment.

As a result, Trainline will inform Users of the time until which the fares and seats can be guaranteed after the Passenger Tickets have been selected.  Please note that some Operators’ prices cannot be guaranteed. In the event of a discrepancy between the price shown in the basket and the actual price of the Passenger Ticket at the time of payment, the User can choose to proceed to payment and pay the actual price shown or return to the search results and select a different ticket.

Passengers Tickets acquired through the Booking Services are subject to the terms and conditions of the respective Operators. Users can view those during the order stage and before payment is made.

Trainline markets the Passenger Tickets that the Operators allow it to sell online; other products may be offered but indicated as “unavailable”.

6.2. Booking via the third-parties services

On the result pages, a direct link toward the booking pages of third-party providers may be displayed. Users can buy the appropriate tickets and make reservations by clicking on such links. All contracts relating to the travel products booked on those third-party providers’ websites are concluded between the Users and the relevant provider and only their terms and conditions apply. Cancellations or change requests for such bookings must be conducted directly with those third-party providers.

6.3. Commission

In some instances, Trainline may receive commission from the Operators for the sale of Passenger Tickets. Trainline shall retain all such commission and the Corporate acknowledges that this is a condition of the Service being provided.

7. Settlement of Passenger Tickets

By default, Users will pay for Passenger Tickets with their personal or corporate credit card at the time of booking and may choose to store this card in their User profile on the Website for subsequent payments.

If the Corporate signs up for the Premium Option, the Corporate may provide to the Users the option of using a centralised form of payment for the Corporate which can be either a centrally billed credit card or AMEX BTA. Activation of any such forms of Corporate payment can be done by contacting Trainline support.

Prices for Passenger Tickets are given in euros, including all taxes.

Some Operators may process payments themselves and may not accept all forms of payment method.

7.1. Payment cards

The accepted payment methods are as follows:

• Bank Card (Debit Card, Visa, Mastercard or American Express);
• PayPal;
• Apple Pay (on iOS mobile application only); and
• Amex BTA (for Premium Option only).

Orders for Passenger Tickets will only be considered final when the User or Active Passenger as applicable has been sent the order acceptance confirmation by email and after the full price has been received by Trainline. Trainline reserves the right to cancel or refuse any orders where there is a dispute relating to the payment of a previous order.

If a User decides to pay for a Passenger Ticket using a credit or debit card which is not linked to a Euro account, he/she will be responsible for the exchange fees (for example, margins and commissions). Changes made to the Passenger Ticket or refunds made may also be affected by these exchange fees.

8. Billing for Subscription Fees

Where the Corporate has subscribed to the Premium Option, on the first day of each month, the credit card provided by the Customer Admin upon activation of the Premium Option will automatically be charged for the Subscription Fees for each Active Passenger who purchased Passenger Tickets during the previous month. Trainline will produce an invoice for such payment which can be accessed by the Customer Admin in the Account portal.

The invoices will also detail, for information purposes only, the total cost of Passenger Tickets purchased under the Account (or, upon request by the Corporate, by each Organisation) in the relevant invoice period.

If there is a delay in payment of more than 15 days for any reason, Trainline may suspend all access to the Service for the Corporate.

9. Ticket collection

The methods for collection of the Passenger Tickets will be subject to availability depending on the ticket type and the relevant Operator. Users will be able to view the available options at the time of booking. Operators may also apply additional restrictions to the use of Passenger Tickets to those set out below and Users must note any additional restrictions notified during the booking process.

Passengers Tickets, once paid for in full may be available in E-ticket format. Unless stated otherwise in the confirmation email, E-tickets must be printed. E-tickets must be printed on an A4 paper using the PDF file sent to the Active Passenger by Trainline, or by the Operators when they send the ticket(s) directly to the Active Passenger.

If it is indicated in the confirmation email, it is also possible to show the E-ticket on a mobile smartphone. In the case of an E-ticket being displayed on mobile, some Operators will allow the PDF Ticket to be displayed, and others require a specific mobile format called M-Ticket, which can be accessed via the Trainline mobile application or the Operator’s own mobile application. The mobile device used must be capable of running the relevant mobile application and clearly presenting the Passenger Ticket in a legible manner.

Certain travel routes and ticket types permit Passenger Tickets to be collected on departure (TOD) at the station. This is subject to availability.

Active Passengers must ensure that they have the Passenger Ticket(s) before boarding the means of transport. If an Active Passenger is unable to produce a valid Passenger Ticket for the class and service used, such Active Passenger will be responsible for paying the corresponding amount on board as well as any fine which could be imposed upon it on this occasion.
Passengers Tickets are non-transferable, unless explicitly specified otherwise by Trainline. Active Passengers must ensure that no other person is able to obtain and/or print out a copy of their Ticket.

Trainline shall not be liable for any failure by industry systems to deliver the Passenger Tickets prior to travel.

10. After sales

Unfortunately, the relevant Operators do not always authorise Trainline to process cancellations and compensation/refunds for delayed or cancelled journeys and the Operator might need to be contacted directly. In the event of a request relating to a cancellation or compensation/refund, the Corporate (or Customer Admin on its behalf) should contact Trainline in the first instance. If the Operators allow Trainline to cancel Passenger Tickets or issue a refund or compensation on their behalf, Trainline shall do so, subject to clause 10.1 below.

If the Operators do not allow Trainline to cancel Passenger Tickets or issue a refund or compensation on their behalf, Trainline will provide the details of the Operator involved and the Active Passenger will have to claim directly from the Operator.

 10.1. Cancellations and refunds

The Passenger Tickets are subject exclusively to the cancellation and refund conditions provided for by the various Operators for each type of ticket. Users will be informed of the essential characteristics of these before the Passenger Tickets are selected and it will be their responsibility to pass this information on to the Active Passengers, particularly where refunds or cancellations need to be processed through the Booking Services. For more information, Trainline recommends that the terms and conditions of the relevant Operator are checked by the User to ensure that the Passenger Ticket that they are purchasing meets the Active Passengers’ needs.

Refunds are dependent on meeting the relevant Operator’s cancellation conditions. Please note that the Operator may charge a cancellation fee. For any questions about changing or cancelling Passenger tickets, please firstly contact Trainline’s customer service department at www.trainline.eu/contact before contacting the Operator(s).

10.2. Compensations for delayed or cancelled journeys

If the service for which a booking was made is cancelled or majorly disrupted, Active Passengers may be able to obtain a refund or compensation. This is subject to the terms and conditions of the respective Operators.

10.3. Customer Support

Trainline provides a comprehensive self-help section on its website that can be accessed here: faq.trainline.eu

If Users cannot find the answer on the self-help section or need urgent assistance, requests for queries related to refunds, change of journey and ticket delivery failures can be submitted through www.trainline.eu/support or sent by email to ernycrbcyr@genvayvar.rh. Support teams handle requests between 9:00am and 6:00 CET on week days by email only, but cannot respond to requests immediately.

If urgent help is needed while at the station, travellers may be able to seek assistance directly from the Operator.

11. Liability  

Each party’s total aggregate liability to the other party arising under or in connection with these terms and conditions (including for any breach, non-performance or negligence), in contract, tort or otherwise shall be limited to a sum equivalent to:

1. the fees paid by the Corporate in the 12 month period immediately preceding the last of the events giving rise to the liability; or
2. three times the amount in clause 11(a) for non-performance or breach of clause 16, 17 or 18.

For the avoidance of doubt, subject to the first paragraph of this clause, neither party’s total aggregate liability to the other under these terms and conditions shall exceed the amount specified in paragraph (b) above.

Neither party shall be liable to the other party in connection with these terms and conditions for direct or indirect loss of income, loss of actual or anticipated profits, loss of business, loss of goods, loss of use, loss of contracts, loss of opportunity, goodwill or reputation, loss of anticipated savings, loss of or damage to or corruption of data, or for any indirect, special, or consequential loss or damage of any kind in each case however arising, whether such loss was foreseeable or in the contemplation of the parties and whether arising in or caused by breach of contract, tort (including negligence), breach of statutory duty or otherwise.

Unless expressly set out in these terms and conditions, all conditions, warranties and representations, express or implied, statutory or otherwise relating to the provision of the Service and Booking Services are excluded.

The parties agree that the above limitations and exclusions are reasonable having regard to all the relevant circumstances, and the levels of risk associated with each party’s obligations under these terms and conditions.

This clause does not limit or exclude liability in respect of: death or personal injury caused by negligence, fraud, or any statutory or other liability which cannot by law be excluded.

12. Right of withdrawal

Under applicable legislation, Passenger Tickets are not subject to the application of the right of withdrawal.

13. Hyperlinks

The Website and mobile application contain links to other websites and third party applications. The linked websites and applications are not controlled by Trainline and Trainline is not liable for the content of these linked websites and applications. Trainline provides these links for convenience and a link does not imply that Trainline suggests or recommends the linked website in question, nor that Trainline is affiliated with it.

14. Intellectual Property  

Trainline shall retain all intellectual property rights used or created in connection with its provision of the Booking Services, and any Trainline systems or websites (including all content) together with all intellectual property rights which arise as a result of the creation by Trainline of any specific interfaces.

The Corporate may not under any circumstances reproduce, represent, modify, transmit, publish, adapt, on any medium whatsoever, by any means whatsoever, or use in any way whatsoever, all or part of the Website and mobile applications without the prior written consent of Trainline or the companies in its group. Any use of these which does not have the prior consent of Trainline, in any way whatsoever, of all or part of the Website and mobile applications may be subject to any appropriate action, notably an infringement action.

The use of any automated system or software to extract information from the Website or mobile applications (including scraping and direct access to the API) is forbidden without the prior written consent of Trainline.

Nothing in these terms and conditions shall be construed as giving either party any rights in any intellectual property of the other party except as is necessary to perform the terms and conditions.

15. Proof

It is expressly agreed that data contained in Trainline’s system can be used as proof with regards to orders, requests and any other factor relating to the use of the Website and mobile applications. Such data may be validly produced, notably in legal proceedings, as a means of proof in the same way as any written document.

16. Corporate Data

The parties acknowledge and agree the provisions of the data protection schedule set out at https://www.thetrainline.com/content//lgl/dataprotectionschedule/t4beucustomerdataprotectionschedule.pdf shall be incorporated into these terms and conditions.

The Corporate shall (i) ensure that the Customer Admin is aware of and complies with the obligations under this clause 16 (Corporate Data) and under DP Laws; (ii) ensure that the Customer Admin uses such personal information only the extent required for the Corporate’s receipt and use of the Service under these terms and conditions and for no other purpose; (iii) be liable for the actions of the Customer Admin pursuant to the use of the Service, including its access to and use of personal information of any  Users and/or Active Passengers; and (iv) ensure that Users and/or Active Passengers are aware that the Customer Admin (and any other Users to whom the Customer Admin has assigned additional access rights) will have access to any personal information stored under the Corporate’s Account on the Website.

17. Compliance

Each party shall comply with applicable laws, regulations, and any relevant standards issued by regulators within the rail industry, and Trainline shall comply with the anti-bribery & corruption and anti-slavery schedule at https://www.thetrainline.com/content/lgl/anti-bribery%26corruptionandanti-slavery/trainlineassupplieranti-bribery%26corruptionscheduleandanti-slaveryschedulev1.pdf.

The Corporate shall not, whether by act or omission, do anything that would jeopardise the safe and efficient operation of the railways or bus routes bring the reputation of the rail industry, or any Operators, into disrepute. The Corporate shall not make speculative, false, fraudulent or similar rail or bus travel reservations (including where a booking is made but there is no intention that the ticket will be used for travel) or use the Booking Channel(s) in an unlawful, illegal or fraudulent manner.

Trainline reserves the right to suspend and/or terminate the Service and access to the Booking Services on reasonable notice if Trainline has a reasonable belief that the Corporate is in breach of, or is likely to be in breach of, this clause 17, without prejudice to any other right that Trainline may have under its agreement with the Corporate or at law.

18. Confidentiality

The parties shall keep confidential and not disclose any confidential or proprietary information (including personal data) of the other party provided under these terms and conditions.  The parties shall procure that employees, including the Customer Admin(s), Users and Active Passengers, in receipt of confidential information are bound by substantially similar obligations in respect of confidential information.

It shall not be a breach for a party to disclose confidential information: to legal or other professional advisers; to employees, Users or Active Passengers as needed to perform the terms and conditions; where required to do so by law or requested by a regulator (but only to the extent necessary to comply); which is in the public domain at the time of disclosure other than due to the fault of the disclosing party; or with the consent of the other party.

19. Subcontracting 

Trainline shall be entitled to assign, novate, sub-contract or otherwise dispose of any or all of its rights and/or obligations under these terms and conditions to any of the TL Affiliates or to any person purchasing substantially the whole of the business to which the Service relates without the prior consent of the Corporate.  Trainline shall remain liable to the Corporate for the acts and omissions of the TL Affiliates.

20. Applicable Law

These terms and conditions and the use of the Service is governed by French Law.

All disputes which could arise from the use of the Service must be subject to prior conciliation between Trainline and the Corporate. Those which cannot be resolved in this way will be subject to the jurisdiction of the Commercial Court of Paris.

Annex 1: Definitions

Account: shall have the meaning given to it in clause 2.

Active Passenger:  means any passenger which is the recipient of a Passenger Ticket purchased using the Booking Services during the previous month.

Booking Services: means the Website or Trainline application that the Corporate uses to access, search and book the Passenger Tickets.

Customer Admin: means the User(s) assigned the highest administrative rights for the Account, including the ability to invite Users to join the Account, deactivate Users, assign or modify User Roles and transfer Customer Admin rights to other Users.

Corporate: means the corporate customer who obtains the Booking Services on behalf of it and its employees and not for purposes of retailing to a third party.

Operators: shall have the meaning set out in clause 6.1.

Option: shall have the meaning set out in clause 2.

Organisation: means a categorised group of Users within the Corporate, created either upon registration of the Account or thereafter, to which the same settings administered by the Customer Admin and/or Trainline support will apply. For the avoidance of doubt, an Organisation constitutes part of the Corporate and does not include affiliated companies of the Corporate. 

Passenger Ticket: means a ticket for rail or bus travel, determined by the ticket type and issued subject to the terms and conditions of the relevant Operator.

Premium Option Services: means those elements of the Service which are available under a subscription to the Premium Option, as detailed on the Website.

Service: means the rail and bus travel service known as Trainline for Business (and, for the avoidance of doubt, includes the Booking Services and any additional services offered to the Corporate).

Standard Option Services: means those elements of the Service which are available under a subscription to the Standard Option, as detailed on the Website.

Subscription Fee: shall have the meaning set out in clause 2.

TL Affiliate: means Trainline.com Limited and any company which is a holding company of both Trainline.com Limited and Trainline SAS (a “Common Holding Company”) and any subsidiary of such Common Holding Company (but excluding any holding company of such Common Holding Company).

User Roles: means the set of rights that can be assigned by the Customer Admin to a User that allows that User to book and pay for Passenger Tickets for him/herself or for Active Passengers in the Organisation.

Users: shall mean the colleagues or employees of the Corporate who are using the services as defined in clause 2.

Website: means the Trainline for Business website at /business (URL and content as updated from time to time).