RailAid Terms and Conditions
Table of Contents
INTRODUCTION
1. Acceptance of Terms of Service.
By using the Services in any manner, including but not limited to visiting or browsing the Site, you agree to these Terms of Service and all other operating rules, policies, and procedures that may be published from time to time on the Site by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.
Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
2. Eligibility.
You represent and warrant that you are at least 18 years of age. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules, and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale, or provision of the Services conflicts with any applicable law, rule, or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
3. Purchasing.
RailAid must be purchased within 48 hours of your purchase from italiarail.com and before the travel date of your High-Speed train to qualify for change, cancellations, or a fine refund.
4. Benefits.
The following benefits are available upon purchase of RailAid:
- Get 1GB worth of data*
- only available to the person purchasing RailAid and on a carrier-unlocked e-SIM enabled device.
- Verify if an E-SIM works for your phone here
- 3 months of premium Italy Magazine subscription
- only available to the person purchasing RailAid
- you will receive an email with details of your subscription within 48 hours of your purchase
- Access to ItaliaPass lounge from April 4th, 2024
- You and all the travelers you purchased RailAid for will be eligible to use the lounge
- Simply provide your RailAid email address for access to the lounge
- Priority Assistance
- All claim requests and inquiries sent to railaid@italiarail.com will be responded to within 24 hours.
- The following benefits can only be redeemed for high-speed train tickets within the same order purchased on italiarail.com in the last 48 hours. You will not be able to redeem these benefits for purchases made at 2 different times (i.e more than one order) or more than 48 hours ago
- 100% Refund on Cancellations
- only upcoming trips are eligible for a cancellation
- Free Change, No Questions Asked
- only one free change is covered by Railaid per ticket
- only upcoming trips are eligible for a change
- only date or time changes are eligible. Class upgrades or route changes are not covered.
- Fine Fighter Protection
- only one fine is covered per high-speed ticket
- other exclusions are listed here
- Late Train RailAid
- We will be completing the claim request on your behalf, however, you will only receive compensation once your claim has been approved and issued by Trenitalia
- 100% Refund on Cancellations
- Emergency Medical Expenses Protection*
- Personal Accident Protection*
- Baggage and Travel Documents Loss Protection*
- Travel Delay and Disruption Expenses Protection*
* Provided by a 3rd Party
5. Crawfords Membership.
Crawfords and Opportuna are third-party providers of a basic medical expenses membership program to owners of tickets protected with RailAid. RailAid allows its customers to access this program for free. This is administered and facilitated by the Emergency Claims and Assistance Provider Crawfords on behalf of the Insurer Opportuna Insurance PCC Limited- International Risks Cell.
Crawfords provides this program independently from ItaliaRail and is solely responsible for its services which covers the benefits below:
- Emergency Medical Expenses Protection
- Personal Accident Protection
- Baggage and Travel Documents Loss Protection
- Travel Delay and Disruption Expenses Protection
Crawford Terms and Conditions covering each of those benefits are available here
6. Exclusions and Limitations.
RailAid has the following exclusions and limitations:
- (a) Reasons relating to the delay or confiscation by Customs, Officials, Police or other Security Officers.
- (b) Tickets that are not in clients’ actual possession at the time of loss.
- (c) Acts of God, war, hostilities by foreign (whether war is declared or not), rebellion, revolution, insurrection, military or usurped power.
- (d) Any dishonest, fraudulent or criminal act by the ticket holder.
- (e) Any provision that is in conflict with applicable law is hereby amended to conform to the minimum requirements of such law.
- (f) RailAid may only be used one (1) time for the product it was purchased for and cannot be applied to a new booking that is made, unless an additional RailAid product is added.
- (g) RailAid must be purchased for each person travelling, so that the benefits can be applied to that person.
- (h) Some products may already include some of the benefits under RailAid. Please consult your terms and conditions for selected products prior to purchasing.
7. Refund/Cancellation Policy for RailAid.
- RailAid purchased on this website (railaid.com) is non-refundable after 48 hours.
- RailAid purchased on italiarail.com is non-refundable after 48 hours. You will get a full refund minus a $5 booking fee.
- RailAid should not be used before requesting a refund.
- Cancelling RailAid won’t affect the rail tickets purchased with it.
8. Payments and Billing.
- Billing. We use a third-party payment processor (the “Payment Processor”) to bill you at the time of purchase of the products and services sold through the Site. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for error by the Payment Processor. You agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
- Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due upon demand.
9. Indemnification.
You shall defend, indemnify, and hold harmless us, our affiliates, and each of our and their respective employees, contractors, directors, suppliers, and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from your User Content, violation of these Terms of Service, or infringement by you, or any third party using your identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
10. Limitation of Liability.
IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF the greater of (A) fees paid to us for the particular Services during the immediately previous three (3) month period or (B) $500.00.
11. ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
- Arbitration. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF NEW YORK. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Intent to Arbitrate (“Notice”). The Notice to InterRail should be addressed to: 15 Hancock Avenue, Newton, MA 02459 (“Arbitration Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If we do not reach an agreement to resolve the claim within 30 days after the Notice is received, you may commence an arbitration proceeding. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Service. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms of Services must be filed within one (1) year after such claim of action arose or be forever banned.
- Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.
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Moreover, some jurisdictions do not permit mandatory arbitration of consumer disputes or choice of governing law, so this clause may not apply to you if your case falls within one of these jurisdictions.
12. Governing Law.
These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, including its conflicts of law rules, and the United States of America.
13. Modification.
We reserve the right, in our sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check these Terms of Service periodically for changes. Your continued use of the Services following notification of any changes to these Terms of Service constitutes acceptance of those changes, which will apply to your continued use of the Services going forward. Your use of the Services is subject to the Terms of Service in effect at the time of such use.
14. Miscellaneous.
- Entire Agreement and Severability. These Terms of Service are the entire agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder
- Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
- Assignment. These Terms of Service are personal to you, and are not assignable, transferable, or sublicensable by you except with our prior written consent. We may assign, transfer, or delegate any of our rights and obligations hereunder without consent.
- Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.
- Notices. You agree that, unless otherwise specified in these Term of Service, all communications under these Terms of Service will be made through email. Electronic notices should be sent to RailAid@italiarail.com.
- No Waiver. Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
- Headings. The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.
Contact
Customer service: RailAid@italiarail.com
Speak with a representative (Monday through Sunday, 9 a.m. to 9 p.m. ET):
- Call toll-free: 1 (877) 375-7245
- Call from Italy: (+39) 06 9763 2451
Effective Date of Terms of Service
Effective from Feb 8th, 2024