GENERAL TERMS AND CONDITIONS OF SALE OF OUIGO PRODUCTS VIA THE SMARTBAR
1. GENERAL PROVISION:
1.1. Purpose of the general terms and conditions of sale of products via the OUIGO SMARTBAR (hereinafter the “GCS”):
These GCS apply to the online sale by OUIGO ESPAÑA, S.A.U. (hereinafter “OUIGO”) of products from OUIGO train cafeterias (hereinafter the “Products”) via the “SMARTBAR” system (hereinafter the “SMARTBAR System” or “SMARTBAR”), a tool from NEWREST GROUP SERVICES, SAS and managed by NEWREST TRAVEL RETAIL, S.L., accessible free of charge to all internet users.
1.2. Application of the GCS:
These GCS exclusively govern contracts for the online sale of Products to buyers who are considered consumers under Spanish law (hereinafter “the Consumer(s)”) and, together with the order confirmation, form the binding contractual documents between Consumers and OUIGO. This excludes any other documents, brochures, catalogues or photographs of the Products, which are provided solely for information purposes. The GCS apply to Products sold via the SMARTBAR system and delivered to Consumers on board OUIGO trains that offer the SMARTBAR service.
The GCS and all contractual information on the SMARTBAR system are available in English.
1.3. Availability and enforceability of the GCS:
The GCS are available to Consumers through the SMARTBAR system. They are directly available in the relevant section of the SMARTBAR website at https://ouibar.newrest.eu/. OUIGO may provide a copy of the current GCS to the Consumer upon request.
The GCS are binding on the Consumer, who must accept them before confirming an order through the SMARTBAR service. To place an order on the SMARTBAR website, the Consumer must confirm that he or she has read and accepted the GCS, as the website will not allow an order to be placed otherwise.
These GCS may be printed and/or saved by the Consumer.
1.4. Modification of the GCS
OUIGO reserves the right to modify the GCS at any time. In any case, the applicable GCS shall be those in force on the date of the order.
1.5. Clauses of the GCS:
If one or more provisions of these GCS are declared invalid or void under any law or regulation or due to a final ruling of a competent court, the other provisions shall retain their full force and scope. The temporary or permanent unenforceability of one or more clauses of the GCS shall not constitute a waiver of the remaining clauses of the GCS, which shall remain in full force and effect.
2. DESCRIPTION OF THE SMARTBAR SERVICE:
The SMARTBAR System is a service that enables users of OUIGO trains, where this service is available, to purchase Products for on-board delivery via the internet through the SMARTBAR website, accessible at: https://ouibar.newrest.eu/, under the conditions set out in these GCS. The Products purchased will be delivered on board the train specified by the Consumer in the order (hereinafter the “Order”).
The SMARTBAR System is only available to holders of an OUIGO train ticket for journeys that offer this service.
3. PRODUCTS AND OFFERING:
3.1. Characteristics of the Products and the offering:
The Products for sale on the SMARTBAR system are featured on the SMARTBAR website. Each Product offered for sale via the SMARTBAR system includes a description of its essential characteristics. The photographs illustrating the Products are for reference only and do not constitute contractual documents.
The Products comply with current Spanish legislation on health and safety, fair commercial practices and Consumer protection, including all required legal information at the time they are made available for sale.
Offers for Products via the SMARTBAR System are valid while the Products are available through the SMARTBAR System until stocks last, unless a specific duration is stated.
4. PRICING:
4.1. Sales prices:
Sale prices are provided for each Product, which include all taxes. The total amount payable by the Consumer for each Order will be displayed on the Order page.
The sale price of the Product is the price in effect on the day of the Order. For promotional offers, the promotional price or discount will apply to all Orders that meet the offer’s terms and are placed during the offer period. Promotional offers cannot be combined.
4.2. Price changes:
Prices may be modified at any time, with the Consumer being guaranteed the price in effect on the day of the Order.
5. ORDER:
5.1. Conditions:
The Consumer is responsible for the accuracy of the information provided when placing the Order. OUIGO does not ensure that the information provided by the Consumer matches that shown on the Consumer’s ticket and shall not be liable for any errors made by the Consumer when purchasing the Products.
The Products may not be resold.
OUIGO reserves the right to request proof of identity from Consumers upon delivery of the Products by means of an official document.
Consumers must be over 18 years of age to purchase alcoholic beverages on the SMARTBAR website. OUIGO reserves the right to confirm the Consumer’s age by means of an official document.
5.2. Steps for placing an order:
Consumers may place an Order from fifteen (15) minutes before the departure of the train on which delivery is to be made, up to twenty (20) minutes before the train’s scheduled arrival time at its destination, as specified on the ticket.
To place an Order, the Consumer must enter the details of the journey during which they wish to receive the Order, select the desired Products and provide the necessary information to place the Order, including but not limited to payment details. Before confirming the Order, the Consumer will be able to review the Order details and total price and can return to previous pages to correct any errors or modify the Order. After accepting these GCS and the Privacy Policy, the Consumer may confirm the Order by clicking on the “PAY” option.
Once the Consumer has placed the order, OUIGO will verify the payment method, and once verified, the corresponding amounts will be withheld. Once the payment method has been verified, OUIGO will send the Consumer an Order confirmation email containing: (i) a summary of the Order, (ii) details of the delivery location (train number, carriage and seat), (iii) the approximate delivery time slot and (iv) the Order price.
If the payment method is not verified within one hour of Order validation by the Consumer, the Order will not be processed, and no amount will be withheld or charged to the Consumer. In this case, the Consumer will not receive an Order confirmation email.
OUIGO will not collect the withheld amounts until the Order has been delivered and validated by OUIGO in accordance with Section 7.2 of these GCS. At that time, OUIGO will send the simplified invoice (or receipt) for the Order to the Consumer by email.
5.3. Cancellation of the Order by OUIGO:
OUIGO reserves the right to cancel an Order without incurring any liability in relation to the Consumer in the following scenarios:
- Faults with the SMARTBAR System;
- Unavailability of Products in the Order;
- An incident on board;
- If, at the time of delivery, the Consumer is unable to prove they are over 18 years of age and the Order includes alcoholic beverages;
- In the event of cancellation or delay of the train on which delivery is to be carried out;
- If a risk of fraud is detected.
The cancellation of an Order will apply to all Products in the Order.
When an Order is cancelled by OUIGO, any withheld amounts will be released within approximately forty-eight (48) hours of cancellation, with no charge being made to the Consumer's bank account. Upon cancellation of the Order by OUIGO, an email will be sent to the Consumer informing him or her of the cancellation and specifying the reason, as set out in this section.
5.4. Cancellation of the Order by the Customer:
The Consumer may cancel an Order free of charge before the start time of the delivery slot, as stated in the Order confirmation email. After that time, no cancellation will be accepted, except in the cases provided for in Section 7.2 of these GCS.
The cancellation of an Order will apply to all Products in the Order.
To cancel an Order, the Consumer must access the confirmation email for the Order in question and click on the link provided in that email to view or cancel the Order. This link will redirect the Consumer to the summary page for the Order. To cancel the Order, he or she must click on the “cancel order” option.
When an Order is cancelled by the Consumer, any withheld amounts will be released within forty-eight (48) hours of cancellation, with no charge being made to the Consumer's bank account. Upon cancellation of the Order by the Consumer, OUIGO will send a confirmation email to the Consumer.
5.5. Storage and evidence:
Communications, Order summaries and simplified invoices are stored on a reliable and durable medium so as to provide a faithful and permanent copy, which may be produced as evidence of the contract.
6. PAYMENT:
6.1. Payment terms:
As a condition for confirming the Order, OUIGO will verify the payment method provided by the Consumer during the Order process, and once verified, the corresponding amounts will be withheld. Payment shall be made when OUIGO processes the withheld amounts after the Order has been properly delivered and validated by OUIGO, as provided in Section 7.2 of these GCS.
6.2. Payment methods:
The following payment methods are accepted: Visa and Mastercard.
6.3. Payment security:
The SMARTBAR system is equipped with an online payment security system that enables the Consumers to encrypt the transmission of their bank details (SSL protocol).
7. DELIVERY:
7.1. Method of delivery for the Order:
The Order will be delivered to the location (train, carriage and seat) specified by the Consumer in the Order. The Order will be delivered upon presentation of the confirmation email or, if required by the crew, proof that the identity of the person receiving the Order matches the person’s details listed in the Order, provided by means of an official document.
The delivery time indicated in the Order is approximate; OUIGO shall not be liable if delivery of the Products takes place outside this period.
7.2. Conformity:
Upon delivery of the Order, the Consumer must carefully check the Products to ensure that they match the Products of the Order and that their quantity and quality are as described (hereinafter “Conformity”).
The Consumer shall, if applicable, confirm the Conformity of the Products to the crew upon delivery. Once Conformity has been confirmed, OUIGO shall validate the Order and collect the withheld amounts, as specified in Section 5.2 of these GCS.
If the Consumer rejects a Product upon delivery due to a lack of Conformity concerning any Order element, the crew shall, after verifying this, offer the Consumer the choice between replacing the Product with another one of the same characteristics, free of defects, or cancelling the Order. Cancellation shall apply to all Products in the Order, which the Consumer must return to the crew. In this case, OUIGO shall proceed according to Section 5.3 of these GCS concerning cancellation of Orders by OUIGO. Notwithstanding the above, the Consumer has the option to purchase the remaining Products through the physical sales service of the on-board bar, Ouibar.
If, after confirming Conformity and OUIGO’s validation of the Order, the Consumer later identifies any lack of Conformity in relation to any of the Products in the Order, he or she must notify the crew as soon as possible. In this case, after confirming justification for the lack of Conformity, the crew shall offer the Consumer the following options:
- replacement of the Product with another of the same characteristics as the Product in the Order, free of defects;
- reimbursement of the price of the Product that caused the lack of Conformity, which the Consumer must return to the crew. In this case, the service crew will record the return of the Product due to a lack of Conformity in the corresponding internal systems. To request a refund, the Consumer must contact OUIGO’s Customer Service Department (https://ouigo.zendesk.com/hc/es/requests/new?ticket_form_id=360003549299). After the request is validated, OUIGO will provide the Consumer with a refund for the Product in question in the form of a redeemable voucher, accessible through the "My Bookings" section of the OUIGO website. This shall be done within a maximum period of one (1) month from the Consumer's refund request to the Customer Service Department or, if applicable, it will inform the Consumer that he or she will receive a response within less than three months from the date of receipt of the request. For operational reasons, in such a scenario, the Order will be charged in full via the SMARTBAR System, subject to the subsequent refund of the price of the Product in question via the OUIGO website, as set out in this section.
If, for any reason, the Order is neither validated in accordance with this section nor cancelled by the Consumer, no charge will be made to the Consumer's bank account and, approximately four (4) days from the date of the Order, the Order will be automatically cancelled and the withheld amounts will be released. Upon automatic cancellation of the Order, OUIGO will send an email to the Consumer notifying him or her of the cancellation.
8. GUARANTEES:
All Products marketed by OUIGO through the SMARTBAR System are covered by the legal guarantee of conformity. Under this guarantee, the Consumer is entitled to a replacement or, if applicable, a refund for Products that are defective or do not match the Order, as governed by Section 7.2. of these GCS.
Information on the ingredients, net quantity, alcohol content (where applicable) and allergens of the Products is available in the description of each Product on the SMARTBAR website. All other information on packaged Products, including expiry dates and storage conditions, is printed on the packaging. The Consumer acknowledges this information and accepts responsibility for consuming the Products based on this information.
9. LIABILITY:
9.1. Exclusion of liability:
OUIGO shall not be held liable in the event of non-performance or improper performance of the service governed by these GCS due to any reason attributable to the Consumer or force majeure.
9.2. Product safety defect:
In the event of damage caused by a defect in the safety of the Products, the producer of the Product shall be liable, to whom any relevant complaints should be addressed. The Consumer may identify the producer from the information on the Product packaging or may request this information from OUIGO through the means set out in Section 10.1.
10. SETTLEMENT OF COMPLAINTS AND DISPUTES:
10.1. Complaints:
Any complaints regarding the SMARTBAR service should be directed to OUIGO’s Customer Service Department using the following form: https://ouigo.zendesk.com/hc/es/requests/new
10.2. Jurisdiction:
For any dispute related to the SMARTBAR service, the legal provisions on territorial jurisdiction shall apply.
OUIGO does not submit to the jurisdiction of transport arbitration boards or consumer arbitration boards and will not accept any request for arbitration under any circumstances.
11. APPLICABLE LAW:
These GCS are governed by Spanish law. The Products and services offered by OUIGO comply with Spanish law and the applicable regulations in Spain.
12. ACCESS TO THE SMARTBAR WEBSITE:
OUIGO does not guarantee that the SMARTBAR website will be free from defects or errors. Should any such defects or errors occur, OUIGO does not guarantee that they will be rectified, nor that the SMARTBAR website will function without any interruptions or faults.
By purchasing any Product marketed by OUIGO, the Consumer acknowledges and accepts the characteristics and limitations of the internet, including technical performance, response times for accessing, browsing or transferring data, as well as the security risks associated with communications, connections and data transmission, particularly for payment transactions.
Consequently, OUIGO is exempt from liability for any direct or indirect damage resulting, in particular, from:
- the malfunctioning of any of the receiving equipment or lines of communication;
- issues with sending, downloading or loss of any email, and in general, problems resulting in the loss of any information;
- any malfunction of software;
- the effects of viruses, bugs or technical faults;
- any other malfunction affecting the internet, as well as any technical, material or software failure of any nature that would prevent the purchase of Products.
OUIGO may not accept any claim or refund related to non-performance or poor performance of the service if it is attributable to the Consumer or results from the involvement of a third party in the service, an unforeseeable event beyond its control or a case of force majeure.
13. DATA PROTECTION:
In accordance with current data protection legislation, OUIGO, as data controller, guarantees that it will process the Consumer’s data in order to carry out and manage the SMARTBAR service.
OUIGO informs the Consumers that they may exercise his or her rights to access, rectification, erasure, opposition, data portability, limitation of processing and to withdraw consent at any time by contacting datos@ouigo.es. Consumers may also file a complaint with the Spanish Data Protection Agency (www.aepd.es).
For more information on the PRIVACY POLICY, please visit https://www.ouigo.com/es/politica-de-privacidad.