Terms and Conditions

1. WHO ARE WE?

We are Rail.ninja - an online service for planning train journeys around the world. We are an online travel agency (OTA) which means that we help you find services and book them for you.

Rail.ninja is operated by Firebird GT Limited, a Limited Liability Company (Company number 1885055) operating under the laws of Hong Kong and with a registered address at Unit G, 15/F, TAL Building, 49 Austin Road, Kowloon, Hong Kong.

These Terms and Conditions ("Terms") outline the rules and regulations for using our services, managing your booking, payment methods, changes, refunds, and cancellations. In this document we refer to Rail.ninja as “we” and we refer to our valued customer as “you”. We refer to rail carriers as “operators”. Capitalized Terms and Conditions means this document below and lowercase terms and conditions means terms of operators and third parties.

2. HOW TO CONTACT US?

Your satisfaction is our top priority, and we are here to make your train booking experience as smooth as possible. For any questions, concerns, or assistance you may need, do not hesitate to reach out to us.

Fill out an online form

The most convenient way to contact us is by using our online form, which enables us to route your inquiry to the right person and give you the best attention. We aim to process all inquiries within one business day.

2.1
Chat with us

You can also reach us through an online chat service available for customers only when you Sign in to your account on our website or access mobile apps.

2.2
Send us an email

If you cannot get a hold of our support team via the above-mentioned ways, you can always send us an email to [email protected]

2.3
Reach out via post

You can also send an inquiry as a written letter to the following address: 432, Triq Fleur de Lys, Suite 1, Birkirkara, BKR 9061, Malta

2.4

3. OUR SERVICES

Our platform, accessible via web and mobile apps, serves as your gateway to hassle-free train travel.

You can access and use our services via our website rail.ninja (hereinafter referred to as "the website") or through our mobile applications on iOS and Android (referred to as "our apps"). Collectively, we call our website and mobile apps our “platform”.

With our platform, you can view current and upcoming train timetables, book train tickets for trains and buses and to place reservations for train tickets that will be available in the future. Collectively, we call this “booking services”.

It's important to note that as a travel agency, we do not own or operate any trains. We offer booking services in line with the provisions set out in these Terms and Conditions.

By using our platform and booking services, even if you're just browsing, you affirm that you've read, understood, and accepted these Terms and Conditions and our Privacy Policy.

We strive for accuracy. However, given that certain data—like timetables, live journey updates, platform details, transport network conditions, and fares—comes directly from train operators, we can't always guarantee 100% correctness. If the original train is not available or if the operator changes its schedule, we will offer you an alternative best available option.

For your convenience, we provide as much information as possible about the tickets, including visualization of train classes through photos and videos. However, please understand that these images or videos might not always depict the exact same train that you are booking. They only show what a train class of a particular rail carrier looks like.

Our Apps
You can find our apps in the Apple App Store, Google Play, and the Huawei AppGallery. While we've designed them to be compatible with a broad range of devices, they won't work on every device. Before downloading, you can check if your device is compatible with the respective app store.

Age & Access Restrictions
To use our booking service, you must be at least 16 years old. If you're aged 16 or 17, you'll need consent from a parent or guardian. We hold the right to deny access to our website or apps or to reject a booking if you don't meet the age requirement or for any other appropriate reason.

You'll be responsible for any costs associated with using our booking service, such as internet fees or mobile data charges.

Every time you book tickets with us, we establish a personalized space for you called 'My Account'. To set up this account, we'll request your full name, email address, and telephone number. You will have various options for accessing your account: either via a sign-in link that we email you, a PIN code that is sent to your phone, or a password that you can create when you make a reservation.

Account Email:
It's important that you provide a genuine email address. This isn't just for sending your ticket confirmations but also for communicating vital travel information. We strongly discourage the use of fictitious emails. Further, please ensure our emails don't get rerouted to your spam folder. If you find them in spam, marking them as 'Not spam' will help to prevent future emails, including ticket dispatches, from being placed in the spam folder.

Third-party Account Integration:
For ease of use, you may have the choice to set up your account using credentials from Facebook, Google, or Apple. Opting for this means your details are auto-filled by these platforms, so it's essential to review them for accuracy. Remember, using these platforms for sign-in automatically sets up an account with us, and you can always access it using the respective platform's login details. For a deeper dive into how we manage your data, kindly refer to our Privacy Policy.

Booking Purpose and Payment Verification:
Our service is open to everyone whether you're booking for personal or business use, just one ticket or one hundred tickets. Just remember, if you use someone else's card for payment, we might ask the cardholder to confirm and authenticate the transaction. To ensure the safety and authenticity of our transactions, we always reserve the right to validate transitions and to ask for additional information.

Account Management:
While we're keen to provide all our users with an excellent service, there are situations where we might decline the creation of an account or restrict access to our booking service for valid reasons. We also reserve the unilateral right to deactivate an account or specific features within it if we suspect any misuse, including potential fraudulent activity.

4. TICKETS

All information you need to know about booking and using your rail tickets

5. PAYMENT

All information you need to know about payment methods and currency available on Rail.ninja

6. CHANGES, REFUNDS & CANCELLATIONS

Comprehensive insights on modifying, refunding, or canceling your Rail.ninja bookings.

7. ACCEPTANCE OF TERMS AND CONDITIONS

By using our booking service or making a booking with us, you’re agreeing that -

you’ve received these Terms and Conditions in a way that you can understand clearly
you accept the most recent version fully
you’re committed to paying for the tickets you book

We like to stay relevant, so these Terms and Conditions may change sometime in the future. The version that applies to you is the one available on the website at the time you make your booking. If you don’t agree with and accept the most recent Terms and Conditions, you’ll have to stop using our booking service, website and apps.

8. LIABILITY

We act as your agent authorized to make reservations for tickets on your behalf. With some operators, we act as their official agents. With others, we are not labeled as official agents and we book tickets using open public resources when authorized by you.

We don’t provide the transport services, so we’re only responsible for booking the service itself.

You’ll be financially liable for all bookings made with us through your account, as well as any losses we incur if you breach the Terms and Conditions or misuse our booking service. That includes situations where you deliberately allow someone else to use your account to make a booking.

We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen. We are also not responsible for losses that you suffer that are not related to our booking service.

We will not be liable for any loss or damage due to delays or cancellations, including for missed connections. For example, we would not be liable to pay for the costs of a hotel booking, onward travel service (for example a taxi or flight) or an event that you had to cancel because your train was canceled or delayed.

We serve as a booking intermediary. We neither own nor operate any train services or stations. Once we issue and dispatch tickets to you, our primary service commitment is fulfilled.

We cannot be held liable for:

Personal injuries, deaths, or property damage tied to the provision of any services or incidents during travel.
Situations beyond our control, including but not limited to natural disasters, acts of war, civil disruptions, health crises, and disruptions from labor strikes.
Overbookings, service downgrades, or instances of food poisoning.
Delays or failures of transportation mechanisms due to various reasons.
Claims rooted in inaccurate, outdated, or incomplete travel documents.
Missed trains, irrespective of the cause.

We are explicitly exempt from all claims related to baggage or property damage, personal injuries or deaths, delays, or any issues resulting from the actions or negligence of rail carriers.

9. OTHER IMPORTANT STUFF

This section outlines key information on claims, your right of withdrawal, intellectual property considerations, and other important aspects of our service.

10. CUSTOMERS FROM THE UNITED STATES OF AMERICA

Notwithstanding the other sections in these Terms and Conditions, the following terms apply to US residents buying a journey or a product on our website or our apps.

PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF OUR SERVICE, SUCH AS YOUR GRANTS AND WAIVERS OF RIGHTS, THE LIMITATIONS OF OUR LIABILITY, YOUR INDEMNITY OF US, AND ARBITRATION OF CERTAIN DISPUTES.

OUR SITE, AND ALL CONTENTS, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR SITE ARE PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR SITE OR THE CONTENTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR SITE UNLESS OTHERWISE SPECIFIED IN WRITING. WE DO NOT WARRANT THAT YOUR USE OF OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT OUR SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE, BY YOUR USE OF OUR SITE, THAT YOUR USE OF OUR SITE IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND OUR AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR DAMAGES, INJURY, CLAIM OR LIABILITY ARISING FROM OR RELATED TO YOUR USE OF, OR INABILITY TO USE, OUR SITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON, OR OTHERWISE MADE AVAILABLE TO YOU THROUGH, OUR SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT OR INDIRECT LOST PROFITS OR LOST BUSINESS DAMAGES, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD US, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, HARMLESS FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, ARISING FROM OR RELATED TO THE PROHIBITED USES OF THIS SITE BY YOU, AND ANY OTHER BREACH OF THESE TERMS OF USE BY YOU. THE FOREGOING “DISCLAIMER, LIMITATION OF LIABILITY AND INDEMNITY” PROVISION MAY NOT APPLY TO CONSUMERS WITHIN THE STATE OF NEW JERSEY OR IN OTHER JURISDICTIONS WHERE PROHIBITED BY LAW.

IF YOU ARE DISSATISFIED WITH OUR SITE OR ANY MATERIALS ON OUR SITE, OR WITH ANY OF OUR TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR SITE.

In the event a Dispute arises, you agree to first give notice to Rail.ninja by contacting us at [email protected] prior to initiating any proceedings in arbitration or in court and to engage in good faith negotiations to attempt to resolve any Dispute for at least 30 days.

Your notice must contain the following information: (1) your name, (2) address, (3) the email address or phone number associated with your Rail.ninja Account, if any, (4) a brief description of the nature of the complaint, and (5) the resolution sought (together, the “Required Information”). If your notice does not contain all of the Required Information detailed above (or an explanation of why you are unable to include any of the Required Information), then the Notice of Dispute shall be null and void and must be resent before you may bring any arbitration or other legal action against Rail.ninja. This requirement will inform Rail.ninja that you have an existing Dispute to be resolved. If Rail.ninja does not resolve your complaint within 30 days of receipt of the Notice of Dispute, you shall be entitled to seek relief. This is stipulated in this arbitration agreement, except that you or Rail.ninja may skip this informal negotiation procedure for the Dispute enforcing, protecting, or concerning the validity of intellectual property rights.

Any “Dispute,” (not resolved through the informal negotiation process) that includes any disagreement, cause of action, claim, controversy, or proceeding between you, or anyone using your Rail.ninja Account or acting on your behalf that arises from your relationship with Rail.ninja (and/or any of our current or former subsidiaries or affiliates), your use of our services, this website, apps, or these Terms and Conditions will be resolved exclusively through binding arbitration. This provision, and the term Dispute, are intended to be given the broadest possible meaning that will be enforced.

The Federal Arbitration Act and federal arbitration law apply to this agreement.

You agree that any arbitration will be conducted by the American Arbitration Association (‘AAA’), https://www.adr.org, or 1.800.778.7879. You can contact AAA to find out more information on how to commence an arbitration proceeding. Should the AAA decline to administer the arbitration or otherwise be unable to administer the arbitration for any reason, you agree that Rail.ninja shall select an alternative arbitration forum. In this event, you will agree in writing that an alternative arbitration forum of our choosing can administer the arbitration. The arbitration will take place in the English language, before a single arbitrator. It will be administered in keeping with the AAA’s Expedited Procedures of the Commercial Arbitration Rules, and the Supplementary Proceedings for Consumer-Related disputes, when applicable, ("Rules") in effect when the claim is filed ("Rules"), except as those Rules may be amended by these Terms and Conditions. You may get a copy of the AAA's Rules by contacting AAA at (800) 778-7879 or visiting www.adr.org.

We agree to pay all filing, administration, and arbitrator fees, other than the initial filing fee to be paid by you. If your Dispute is for less than $1,000, Rail.ninja shall reimburse you for the filing fee upon written request for reimbursement with documentation of insufficient funds to pay the fee. If you are able to demonstrate how the costs of arbitration would be prohibitive compared to costs of litigation, Rail.ninja will pay as much of the filing fee in connection with the arbitration as the arbitrator deems necessary. This is to prevent the arbitration from being cost-prohibitive as compared to the costs of litigation. In all other cases, each party will pay the fees and expenses of the respective attorneys, experts, witnesses, and the preparation and presentation of evidence at arbitration.

You may choose to have the arbitration conducted by phone, based on written submissions, or in person in the county where you live or at another mutually agreed-upon location. For claims under $25,000, the arbitration will not involve any personal appearance by the parties or witnesses, but instead, will be conducted solely on written submissions, unless you or we request an in-person or virtual hearing, or the arbitrator determines an in-person or telephone appearance is required. Virtual hearings shall be preferred, unless the arbitrator determines that a party’s right to a fundamentally fair process would be impaired without an in-person hearing. You agree in the event of an in-person hearing, any Rail.ninja employee or affiliate who is based outside of the United States and who is participating in the hearing, may participate by telephone or video conference, and his/her/they physical presence shall not be required.

Any arbitration shall be confidential, and neither party may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. The arbitrator will have the power to award declaratory or injunctive relief, whether interim or final, but only in favor of the party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim and without affecting other Customers.

Any court with jurisdiction over the parties may enforce the arbitrator’s decision. Nothing in this section will prevent you from seeking public injunctive relief in court separately from this arbitration. Furthermore, any such application will not be deemed incompatible with the agreement to arbitrate or as a waiver of the right to arbitrate your individual claims. You and Rail.ninja agree that any proceedings seeking any public injunctive relief will proceed after the arbitration of all arbitrable Disputes. This will be pending on the outcome of the arbitration pursuant to section 3 of the FAA.) The arbitrator’s award will be binding and final, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Upon the motion of one or more interested parties, and after providing all other interested parties an opportunity to be heard, the arbitrator may, at their discretion, coordinate more than one arbitration hearing. This will be initiated under this arbitration agreement, in order to promote efficiency in discovery and to avoid inconsistent legal rulings. In the interest of clarity, any coordination under the preceding sentence will be limited to current arbitrations initiated under this arbitration agreement, and the arbitrator may not preside over any form of a representative or class proceeding. All parties will retain the right to request an individualized hearing.

OPT-OUT INSTRUCTIONS. If you do not wish to be bound by this binding arbitration provision, then you must notify us within 3 days of the “Opt-Out Deadline,” which will be the earliest of: (a) the date you first used our website or apps; (b) the date you first used our services; or (c) the date you started a relationship with us. You may opt out of these arbitration procedures by sending us a written notice by email to [email protected] with the subject line: Terms and Conditions – US Opt-Out Notice.

In order to terminate the arbitration agreement, we must receive your opt-out notice no later than 3 days after the Opt-Out Deadline for it to be valid. You agree that you must pursue any claim in arbitration or small claims court if we do not receive an opt-out notice from you, or if we receive an opt-out notice from you more than 3 days after the Opt-Out Deadline.

EXCEPTIONS TO ARBITRATION. You and Rail.ninja agree that the following causes of action and/or claims for relief are exceptions to the Disputes covered by the arbitration agreement. These will be brought in a judicial proceeding in a court (as outlined in this arbitration agreement): (i) any claim or cause of action alleging actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime); or (iii) a request for the remedy of public injunctive relief, where such remedies are permitted and cannot be waived by applicable law. In addition, to the extent your claim or Dispute qualifies under applicable law, you may elect to proceed in small claims court.

CLASS ACTION AND JURY TRIAL WAIVERS. You and Rail.ninja agree THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION, EXCEPT FOR ACTIONS FOR INJUNCTIVE RELIEF AS DESCRIBED IN THIS Section 14. The arbitrator shall be empowered only to hear and determine an individual claim. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND Rail.ninja EACH WAIVES ANY RIGHT TO A JURY TRIAL.

If a court or arbitrator determines, in an action between you and Rail.ninja, that this class action waiver is unenforceable, this arbitration agreement will not apply to you. If you opt out of the arbitration agreement as specified above, this class action waiver will not apply to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding without having complied with the opt-out procedure set forth above.