Public offer "Food delivery to the train"
When you book a ticket on the website or in the mobile application "RZD Passengers", you have access to the service of ordering and paying for the purchase and delivery of food (meals and drinks) to the passenger’s carriage during the journey in a long-distance train from catering companies located in cities along the train route.
By making a purchase on the website and app, you agree to all the terms and conditions listed below.
JSC FPC shall not be liable for:
- incorrect data specified by the User when placing an Order, i.e. e-mail address, mobile phone number, as well as other data specified in the User’s profile;
- settings of the mail client on the User’s side;
- service settings of mobile and Internet operators that provide e-mail and mobile communication services.
TERMS AND DEFINITIONS
Service means access to the "Food Delivery from Restaurants" Service that allows you to search, order, pay for and request the delivery of food (meals and drinks) to the carriage of the long-distance train in which the User is traveling, from catering companies located in cities along the train route.
Company/JSC FPC means Federal Passenger Company, a joint-stock company that owns the software and offers the User access to the Service.
User means a passenger of a long-distance train who places or has placed an Order using the Service on the terms and conditions of this offer.
Caterer means a legal entity or an individual entrepreneur that provides services for preparation, packaging and delivery of food products (meals and drinks) ordered by the User.
Order means a set of food products (meals and drinks) formed by the User on the website or in the mobile application "RZD Passengers", taking into account the Caterers’ food products available in the information database.
Order Placement means the procedure of selecting food products (meals and drinks) presented by the Caterers on the website or in the mobile application "RZD Passengers", requesting the delivery of the Order to the train, as well as subsequent payment by the User of the full cost of the food products (meals and drinks) listed in the Order and the delivery.
"Food delivery from restaurants" Service/Service means a set of software and hardware tools designed to search for and place an Order on the website or in the mobile application "RZD Passengers". The features and options for using the Service may vary depending on the train route, its location on the route and other circumstances that may affect the functionality of the Service for a particular User.
Delivery means delivery of the Order by a courier/representative of the Caterer to the User to the train carriage specified when placing the Order.
1. GENERAL
1.1. By starting to use the Service, the User accepts the terms of the Personal Data Processing and Protection Policy of JSCo "RZD" (hereinafter referred to as the Policy) and consents to the processing and transfer of personal data to the Caterer for the purposes of using the Service and for the purposes specified in the Policy.
The Order Preparation and Delivery Agreement (hereinafter referred to as the Agreement) shall be entered into directly between the User and the Caterer. The Agreement shall be deemed to have been entered into when the Order is paid for by the User. All the rights and obligations under the Agreement shall be vested in the Caterer.
JSC FPC may block the User’s ability to place an Order if the User fails to fulfill its obligations to pay for the Order, violates the Policy, or repeatedly violates the Agreement.
1.2. By placing an Order, the User confirms his/her legal capacity, financial solvency, as well as recognizes his/her responsibility for the obligations imposed on him/her as a result of accepting the terms and conditions of this offer.
1.3. If the User does not accept the terms and conditions of this offer, he/she shall not be allowed to place and pay for the Order.
1.4. The Offers and Policies may be changed unilaterally by JSC FPC without notice to the User. The new version of the offer shall be effective from the date of its publication on the website in the "offers" section.
1.5. The number of public catering companies available to the User for Order Placement depends on the region of the Russian Federation, train route, the Caterer’s delivery area, availability of specific food products (meals and drinks), the Caterer’s working hours and other circumstances that may affect the Service functionality.
1.6. Information on the menu, availability of specific food products (meals and drinks), their ingredients, and delivery shall be provided by the Caterer.
1.7. After the Order is placed, the User receives a miscellaneous charges receipt and a cashier’s check to the e-mail address specified by the User when placing the Order.
1.8. As part of the provision of the Service under the terms of this offer, JSC FPC shall provide the User with the following possibilities:
- selection of stations on the train route;
- information on the time of Delivery of food products (meals and drinks) to the train along its route;
- possibility to get information about the cost of food products (meals and drinks) and conditions of their Delivery;
- possibility to place an Order for food products (meals and drinks) from the assortment offered by the Caterer;
- possibility to return the previously placed Order in accordance with clauses 2.4.3, 2.4.3.1 of the offer.
2. RIGHTS AND OBLIGATIONS
2.1. JSC FPC shall:
2.1.1. Provide the User with remote access to information and technological resources of the Service (stations along the train route, dates and time of Delivery of placed Orders to the train carriage).
2.2. JSC FPC may:
Make changes to the Order Placement procedure.
2.2.1. Verify the User’s data specified (provided) by the User in the Service.
2.2.2. The Service may be unavailable due to circumstances beyond FPC’s control (including software updates, technological failures, etc.).
2.2.3. Set additional conditions for the Order Placement by the User.
2.2.4. FPC’s rights are not limited to those set out in this section and may be contained in other sections of this offer.
2.3. The User shall:
2.3.1. Provide accurate information when placing the Order, be present at the place of Delivery of the Order and accept the Order. After 10 minutes of waiting by a courier for the User from the time of arrival of the train at the station, the User shall be deemed to have withdrawn from the Agreement, in which case the money paid for the Order shall be used to reimburse the Caterer’s expenses and shall not be refunded to the User.
2.3.2. Complete the registration procedure on the website by filling in the registration form, indicating his/her personal data (surname, first name), other necessary data, or, if there is a valid e-ticket, perform passenger identification in the section "Ordering services related to tickets" (surname, first name, ticket number and seat in the train carriage). The User shall be responsible for the security of such data, as well as for everything that will be done on the website under his/her login and password.
2.3.3. Ensure that the information provided in the payment form for payment of the Order is complete and accurate.
2.3.4. Pay for the Order and Delivery of food products (meals and drinks).
2.3.5. Use the Service solely for the purpose of placing an Order.
2.3.6. Read the rules (terms and conditions) set forth in Section 3 of this offer before placing an Order through the Service.
2.3.7. When placing an Order, indicate information about being allergic to certain foods in the comment to the Order. In case the User does not specify such information, the User shall be responsible for any adverse consequences resulting from an allergic reaction to the delivered food, including any harm to the User’s life and health.
2.3.8. Comply with the rules (terms and conditions) of this offer.
2.4. The User may:
2.4.1. Place an Order with respect to the train carriage and the stations along the route if it is technically and technologically possible.
2.4.2. Place Orders in an unlimited quantity. The User may place orders through the Service only with Caterers and for those types of food products (meals and drinks) that are available through the Service.
2.4.3. Return the Order(s) in the User’s personal account of the sales channel where the service was ordered (on the website or in the mobile application "RZD Passengers") and in the "Additional services to tickets" section no later than two hours before the arrival of the train at the station specified in the Order.
2.4.3.1. Refunds are made in full, without additional charges, if the Order is returned in advance. The time within which a full refund can be made shall be set by the service owner (JSC FPC) on a case-by-case basis for each station, taking into account the opinion of the Caterers that operate at the station, and shall be specified in the User’s personal account in the "Additional services to tickets" section.
2.4.3.2. If the Order is returned after the time specified in clause 2.4.3.1, the money will not be refunded to the User and will be used to reimburse the costs of preparing the Order.
2.4.4. Contact JSC FPC regarding the operation of the Service, the procedure for placing Orders and their cancellation by e-mail: delo@fpc.ru.
2.4.5. Send his/her suggestions on the Service functionality and improvement of its operation to JSC FPC by e-mail: delo@fpc.ru.
3. TERMS OF ORDER DELIVERY AND REFUNDS
3.1. When the train arrives at the Order delivery station and the conductor of the passenger carriage opens the door of the User’s carriage, the User shall immediately go to the platform to wait for a courier/representative of the Caterer.
3.2. In order to receive the Order, the User shall wait for a courier/representative of the Caterer on the platform of the Order delivery station, in front of the opened door of the train carriage in which the User is traveling according to the travel document to which the Order was placed. When one conductor serves two carriages, the User shall wait for the Order Delivery at the door of the carriage through which he/she boarded the train.
3.3. If the Delivery is made at the initial station of the train route, the User shall arrive at the train in advance (but no later than 25 minutes before the scheduled departure of the train) to board the train. The User shall wait for the courier 20 minutes prior to the departure of the train from the initial station in accordance with clause 3.3 of this offer.
3.4. The Order shall be transferred only on the platform of the station selected by the User when placing the Order.
3.5. At the time of acceptance and transfer of the Order, the User shall check the Order Form and the completed Order for compliance with the food products (meals and drinks) ordered. To exclude the transfer of the Order to other persons, the User shall have a travel document in any form, which may be necessary to identify the User.
3.6. If there are no objections to the delivered Order, the User shall sign two (2) copies of the Order Form or make a note on the Order Form indicating the inability to accept the Order in full if there are reasoned objections to the delivered Order with a description of the reasons according to which the User refuses to accept the Order.
The two (2) copies of the Order Form signed by the User confirm the proper performance of the service of preparation and delivery of the Order.
3.7. In case of delay of the Caterer’s courier, the User shall wait for the courier at the door with the number of the User’s carriage.
3.8. If the courier is delayed and the time of train stop at the Order delivery station expires, the User shall follow the conductors’ instructions to return to the carriage.
3.9. The User may not perform any actions aimed at delaying the departure of the train from the Order delivery station.
3.10. The time of waiting by the Caterer’s courier for the User’s train at the Order delivery station shall be 20 minutes. After this time, the courier may leave the delivery station without delivering the Order to the User.
3.11. If the Order was not delivered due to the fault of the courier/representative of the Caterer, or due to the disruption of the train schedule, the User shall have the right to notify of the Order non-delivery by e-mail delo@fpc.ru within 7 days from the date of the Order delivery time. Such notice shall state the circumstances known to the User, which caused the failure to deliver the Order, as well as the following details: User’s full name, train number, User’s itinerary, carriage number, station where the Order was to be transferred, number of the travel document to which the Order was placed. The notice shall be accompanied by a miscellaneous charges receipt, as well as a cashier’s check sent to the e-mail address specified by the User when placing the Order.
If it is confirmed that the User has fulfilled the terms and conditions of this offer and the failure to deliver the Order to the User is due to the fault of the Caterer, or due to the disruption of the train schedule, as well as in the case of other reasons beyond the User’s control, the money shall be refunded.
If it is found that the User has breached the terms and conditions of this offer, the money will not be refunded to the User.
An order that has been previously placed can be returned in the User’s personal account of the sales channel where the service was ordered (on the website or in the mobile application "RZD Passengers") no later than two hours before the arrival of the train at the station specified in the Order.
3.12. The refund for the previously paid Order shall be made to the card used to pay for the Order in accordance with the rules of Russian and international payment systems and the laws of the Russian Federation within 30 days from the date the refund is requested.
3.13. If the User is not present on the platform of the station where the Order is to be delivered in accordance with clauses 3.2-3.4 hereof, if the User is not on the train, or if the User does not wish to accept the Order previously placed through the Service from the courier, the courier shall make a note on the Order Form indicating the reasons for the Passenger’s non-acceptance of the Order.
If the User fails to fulfill his/her obligation to receive the Order, the Caterer shall have the right not to refund the money to the User and may keep it for the losses incurred, which are subject to reimbursement under Article 393 of the Civil Code of the Russian Federation.
4. PERSONAL DATA
4.1. The list of actions with the User's Personal Data: collection, recording, systematization, accumulation, storage, clarification (update, change), use, transfer (provision, access), depersonalization, blocking, deletion, destruction, as well as any other actions with personal data in accordance with the laws of the Russian Federation, including transfer of personal data to third parties and other use for the following purposes:
- User identification;
- providing the User with the possibility to search and pay for the Order of food products (meals and drinks) and their Delivery;
- communication with the User, including sending notices, requests and information regarding the use of the Service, the provision of services, as well as the processing of messages and requests from the User.
4.2. JSC FPC will collect and store only such personal information as is necessary to provide all functions of the Service.
4.3. Terms of processing the User’s personal data and its transfer to third parties.
4.3.1. The User’s personal data shall be kept confidential, except where the User voluntarily provides information about himself/herself to the general public.
4.3.2. JSC FPC may transfer the User’s personal data to third parties in the following cases:
- the transfer is required as part of the User’s use of the Service to place an Order;
- the transfer is required as part of contractual relations between JSC FPC and third parties;
- the transfer is required by the Russian or other applicable laws to the extent of the procedure set out by the laws.
4.3.3. The list of third parties to which the User’s personal data is transferred:
- Carrier, in whose train carriage the User is transported according to the booked ticket, to whose carriage the User has booked the delivery of the Order;
- Caterers of food products (meals and drinks) with which JSC FPC has a service agreement for the delivery of food products (meals and drinks) to the carriage of the long-distance train in which the User is traveling.
4.4. JSC FPC shall take necessary and sufficient organizational and technical measures to protect
the User’s personal data from unlawful or accidental access, destruction, modification, blocking, copying, distribution, as well as other unlawful actions of third parties in accordance with Federal Law No. 152-FZ "On Personal Data" dated July 27, 2006 (hereinafter, Federal Law No. 152).
4.5. By agreeing to the terms of this offer, the User gives FPC consent to the processing of his/her personal data (Annex No. 1 to this offer) for the purposes of fulfillment of Federal Law No. 152 and for the purposes provided for in clause 4.1 of this offer. If the User provides FPC with the personal data of third parties when placing an Order under the terms of this offer, the User guarantees that such data has been obtained lawfully and that the subjects of such personal data have consented to its provision, and assumes liability for the lawfulness and accuracy of such data.
4.6. Personal data obtained using the Service may not be used for the purposes of advertising and informational mailings.
5. LIABILITY
5.1. The User shall be solely liable for the accuracy of the information provided by him/her in the payment forms and Order Forms of the Service as well as for any consequences caused by the inaccuracy of the information provided when placing an Order.
5.2. All actions performed by the User through the Service are performed by the User on his/her own without FPC’s participation. The User shall be solely responsible for the actual possibility of timely performance of any actions related to the Order Placement and receipt of the Order.
5.3. JSC FPC shall not be liable for any damage and losses incurred by the User for reasons related to the User’s lack of computer equipment with the necessary set of software and hardware capabilities to fully utilize the Service.
5.4. JSC FPC shall not be liable for the delivery, quality and ingredients of the food products (meals and drinks) ordered by the User.
5.5. JSC FPC shall not be liable in the event of complete or partial failure of the Service or its components, including for the User’s inability to access the Service or for any indirect or direct costs incurred by the User in connection with such circumstances.
5.6. JSC FPC shall not be liable for the functioning of the credit organization (bank, non-bank credit organization) from whose account the User transfers funds to pay for the Order.
5.7. Depending on the region and other circumstances, all or some functions of the Service may be disabled or limited, including the option to pay for the Order by cashless online payment, other technical or technological functions of the Service.
5.8. JSC FPC shall not be liable for the content and/or relevance of information provided by the Caterer on food products (meals and drinks), including information on their availability, cost, preparation time and Delivery.
5.9. JSC FPC shall not be liable for failures and interruptions in the operation of the Service and/or availability of functionality and the resulting loss of information.
5.10. JSC FPC shall not be liable for any damage caused to the User as a result of improper use, storage, consumption of products included in the Order, for spoilage of food products (meals and drinks) delivered as part of the Order, including in case of its untimely consumption by the User (later than one hour from the time of delivery). The Caterer may set a different shelf life for the Order products.
ANNEXES
6.1. The annexes referred to in this clause shall form a binding and integral part of this offer.
6.2. Annexes to this offer:
Annex No. 1 to the public offer "Food delivery to the train"
Consent of Personal Data Subject to Processing of his/her Personal Data
For the purpose of placing an Order through the Service "Food Delivery from Restaurants" available on the Internet at rzd.ru or in the official mobile application "RZD Passengers", I, the User, give my consent to Joint Stock Company "Federal Passenger Company", with its registered office at 34, Masha Poryvaeva Street, Moscow, 107078, to process my personal data entered by me personally in the Service forms.
The purposes of personal data processing are as follows: providing the User with the opportunity to use the Service on the terms of the offer; reviewing the range of food products (meals and drinks) of the Caterers; placing an Order (including payment for the Order) for the purchase of food products (meals and drinks), its Delivery to the carriage of a long-distance train.
The methods of personal data processing include collection, recording, systematization, accumulation, storage, clarification (update, change), use, transfer (provision, access), depersonalization, blocking, deletion, destruction, as well as any other actions with personal data in accordance with the laws of the Russian Federation.
This consent to the processing of personal data shall be deemed to have been received by the Company from the time the User clicks on the "Place the Order" button (which is a confirmation that the User has been informed of the rules and specifics of placing the Order).
The consent may be withdrawn by the User at any time by sending an official letter signed by the User or its authorized representative to the e-mail address of the Service Operator (JSC FPC): delo@fpc.ru.
The User’s personal data shall be processed by the following legal entities on behalf of JSC FPC:
- the Carrier that provides transportation services to the User, in case the User places an Order;
- the Caterer of food products (meals and drinks) with which the Company has a service agreement for the delivery of food products (meals and drinks) to the carriage of the long-distance train in which the User is traveling.