The Terms refer to several documents. You can find a list of our Policies and Standards on our Policies and Standards help page.
Last Updated: August 27, 2025
1. Searching and Booking on the Halloway Platform.
2. Cancellations, Reservation Issues, Refunds and Booking Modifications.
3. Your Responsibilities and Assumption of Risk.
4. Listing on Halloway Platform.
6. Cancellations, Reservation Issues, and Booking Modifications.
9. Your use of the Payment Services
12. Appointment of Lunatrain as Limited Payment Collection Agent
17. Termination, Suspension and other Measures.
25.1. Interpreting these Terms.
TERMS OF SERVICE
These Terms of Service (“Terms”) are a binding legal agreement between you and Lunatrain that govern the right to use the websites, applications, and other offerings from Lunatrain operated under the Halloway name (collectively, the “Halloway Platform”). When used in these Terms, “Lunatrain,” “we,” “us,” or “our” refers to Lunatrain, Inc., a Delaware corporation with registered offices at 251 Little Falls Drive Wilmington, DE 19808.
The Halloway Platform enables users (“Members”) to publish, offer, search for, and book services. Members who publish and offer services are “Operators” and Members who search for, book, or use services are “Guests, Participants, or Travelers.” Operators offer privately-owned passenger railroad equipment (“Private Railcars”) for charter, ticketed excursions, activities, and special events on the Halloway Platform (collectively, “Private Railcar Services”, and each Private Railcar Service offering, a “Listing”). As the provider of the Halloway Platform, Lunatrain (or its affiliates) does not own, control, offer or manage any Listings or Private Railcar Services. Lunatrain is not a party to the contracts entered into directly between Operators and Guests, nor is Lunatrain a broker, travel agency, or insurer. Lunatrain is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms of Service (“Payment Terms”).
Searching.
You can search for Private Railcar Services by using criteria like the type of Private Railcar Service, type of listing, origin, destination, travel dates, and number of bedrooms or seats. You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria. Relevance considers factors like price, location, availability, customer service and cancellation history, popularity, previous trips and saved Listings, Operator requirements (e.g. minimum or maximum nights), and more.
Booking.
When you book a Listing, you are agreeing to pay all charges for your booking including the Listing price, applicable fees like the Halloway Platform’s platform fee, offline fees, taxes, and any other items identified during checkout (collectively, “Total Price”). If you choose to pay using a currency that differs from the currency set by the Operator for their Listing, the price displayed to you is based on a currency conversion rate determined by us. You are also agreeing that Lunatrain may charge the Payment Method (as defined in the Payment Terms) used to book the Listing in order to collect Damage Report (as defined in the Damage Policy) amounts.
When you receive the booking confirmation, a contract for Private Railcar Services (a "Reservation") is formed directly between you and the Operator. By making a Reservation you are agreeing to the terms of the contract. The terms of the contract include these Terms, all terms of the Reservation, including without limitation, the cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout that apply to the Reservation. It is your responsibility to read and understand these terms of the contract including these Terms and all terms of the Reservation including all rules, standards, policies, and requirements prior to booking a Listing. Be aware that some Operators work with a co-operator or as part of a team to provide their Private Railcar Services.
Private Railcar Reservations.
A Private Railcar Reservation is a limited license to enter, occupy, and use the bedroom, seat, or other accommodation specified in the Reservation. The Operator retains the right to occupy the Private Railcar at all times during your stay. If you stay past checkout, the Operator has the right to make you leave in a manner permitted with applicable law, including by imposing reasonable overstay penalties. For non-ticketed Reservations where you may include many Guests, you may not exceed the maximum number of allowed Guests.
Cancellations, Reservation Issues, and Refunds.
In general, if you cancel a Reservation, the amount refunded to you is determined by the Operator's cancellation policy that applies to that Reservation. But, in certain situations, other policies take precedence and determine what amount is refunded to you. If something outside your control forces you to cancel a Reservation, you may be eligible for a partial or full refund under our Major Disruptive Events Policy. If the Operator cancels, or you experience a Reservation Issue (as defined in our Rebooking and Refund Policy for Private Railcars), you may be eligible for rebooking assistance or a partial or full refund under the Rebooking and Refund Policy for Private Railcars. Different policies may apply to certain categories of Listings. See each Additional Legal Term or Policy for details about what is covered, and what refund applies in each situation. You may appeal a decision by Lunatrain by contacting our customer service at support@ridelunatrain.com.
Booking Modifications.
Guests and Operators are responsible for any booking modifications they agree to make via the Halloway Platform or direct Lunatrain customer service to make on their behalf ("Booking Modifications"), and agree to pay any additional amounts, fees, or taxes associated with any Booking Modification.
Your Responsibilities.
You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Private Railcar Service, all areas and facilities where the Private Railcar is located that the Operator and Guest are legally entitled to use in connection with the Private Railcar (“Common Areas”) or Private Railcar Service. For example, this means: (i) you are responsible for leaving a Private Railcar (and related personal property) or Common Areas in the condition it was in when you arrived, (ii) you are responsible for paying all reasonable Damage Request amounts, and (iii) you must act with integrity, treat others with respect, and comply with applicable laws at all times. If you book a Private Railcar Service on behalf of additional guests, you are required to ensure that every additional guest meets any requirements set by the Operator, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Operator. If you are booking for an additional guest who is a minor or if you bring a minor to a Private Railcar Service, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor. You are not responsible for the acts and omissions of anyone who you have contracted with through Lunatrain for the provision of Private Railcar Services, and have invited or provided access to a Private Railcar for the purpose of providing such Private Railcar Services. You are responsible for having medical insurance that will cover you during your Reservation, and you agree that neither Lunatrain nor the Operator is responsible for your medical coverage. Private Railcars and other railroad equipment may move in any direction at any time without warning; you agree that you were advised to remain seated when the Private Railcar is moving and to observe proper bracing positions when necessary to walk around on, or between Private Railcar(s) and railroad equipment.
Your Assumption of Risk.
You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the Halloway Platform and any Content (as defined in Section 14), including your stay at any Private Railcar or participation in any Private Railcar Service, or any other interaction you have with other Members whether in person or online. This means it is your responsibility to investigate a Private Railcar Service to determine whether it is suitable for you. For example, Private Railcar Services may carry the risk of injuries, illnesses, losses, inconveniences, or even death that can occur in remote places where there is no readily available assistance or medical care, and you freely and willfully assume those risks by choosing to participate in those Private Railcar Services.
Operator.
As an Operator, Lunatrain offers you the right to use the Halloway Platform in accordance with these Terms to share your Private Railcar and Private Railcar Service with our community of Guests. When you create a Listing, you are in control of how you operate, including setting your fares and fees, availability, and rules for each Listing.
Contracting with Guests.
When you accept a charter request or sell ticketed excursions through the Halloway Platform, you are entering into a contract directly with the Guest, and are responsible for delivering the Private Railcar Service under the terms and at the price specified in your Listing. You are also agreeing to pay the applicable fees like Halloway Platform’s transaction fee and platform fee (and applicable taxes) for each booking. Lunatrain will deduct amounts you owe from your payout unless we and you agree to a different method. Any terms or conditions that you include in any supplemental contract with Guests must; (i) be consistent with these Terms, our Policies, and the information provided in your Listing, and (ii) be prominently disclosed in your Listing description.
Independence of Operators.
Your relationship with Lunatrain is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of Lunatrain, except that Lunatrain acts as a payment collection agent as described in the Payment Terms. Lunatrain does not direct or control your Private Railcar Service, and you understand that you have complete discretion whether and when to provide Private Railcar Services, and at what price and on what terms to offer them.
Account Manager.
As an Operator, you will be assigned a Lunatrain representative as your main point of contact for all questions and concerns you may have regarding the Halloway Platform (your “Account Manager”). Your Account Manager may change from time to time, and may change without prior notice.
Creating and Managing Your Listing.
The Halloway Platform provides tools that make it easy for you to set up and manage a Listing. Your Listing must include complete and accurate information about your Private Railcar Service, your price (including any additional charges), and any rules or requirements that apply to your Guests or Listing. You are responsible for your acts or omissions as well as keeping your Listing information (including calendar availability) and content (like phots) up-to-date and accurate at all times. You are responsible for obtaining appropriate insurance for your Private Railcar Services. You may only maintain one Listing per Private Railcar, but may have multiple Listings for Private Railcar Services if they are multiple distinct events.
Know Your Legal Obligations.
You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Listing or Private Railcar Services. By listing Private Railcar Services on the Halloway Platform, you are asserting that your Private Railcar complies with all regulations pertaining to the operation of privately-owned passenger equipment and is in good working order. You are responsible for maintaining relationships with host railroads, including the National Railroad Passenger Corporation (doing business as Amtrak). You are responsible for paying all fees owed to host railroads in relation to the operation of your Private Railcar Services and maintaining your Private Railcar to the standards set by the host railroads on which your Private Railcar will operate on. You are responsible for handling and using personal data of Guests and others in compliance with applicable privacy laws and these Terms, including our Operator Privacy Standards. If you have questions about how local laws apply you should always seek legal advice.
Search Results.
The ranking of Listings in search results on the Halloway Platform depend on a variety of factors, including these main parameters:
Guest search parameters (e.g. number of Guests, origin, destination, time and duration of the trip, price range),
Listing characteristics (e.g. price, calendar availability, number and quality of images, Reviews, type of Private Railcar Service, Operator status, length of time the Listing has been live on the Halloway Platform, Guest engagement and popularity),
Guest experience (e.g. customer service and cancellation history of the Operator, ease of booking),
Operator and Listing requirements (e.g. minimum or maximum nights, booking cut-off time), and
Guest preferences and history (e.g. previous trips, viewed and saved Listings, location from where the Guest is searching).
Search results may be different on mobile platforms than on our website. Lunatrain may allow Operators to promote their Listings in search or elsewhere on the Halloway Platform by paying an additional fee. For more information about the factors that determine how your Listing appears in search results, our current promotional programs (if any), and how we identify promoted Content, contact your Account Manager.
Your Responsibilities.
You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Private Railcar Services. While the Halloway Platform may suggest prices to you for certain Private Railcar Services, you are responsible for setting your price and establishing rules and requirements for your Listing. You must describe any and all additional fees and charges in your Listing description. You are also responsible for ensuring that all mandatory fees and charges applicable to your Listing are included in your price breakdown. You may not collect any fees or charges outside the Halloway Platform except as expressly authorized by our Offline Fee Policy. Do not encourage Guests to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the Halloway Platform in violation of our Off-Platform Policy.
Operating as a Team or Organization.
If you work with a co-operator or operate as part of a team, business, or other organization, you are responsible and liable as an Operator under these Terms for the acts and omissions of each entity and individual who participates in providing your Private Railcar Services and you are responsible for informing personnel engaged by you to deliver any Private Railcar Services of your obligations under these Terms. If you accept terms or enter into contracts with third parties, you represent and warrant that you are authorized to enter into contracts for and bind your team, business or other organization, and that each entity you use is in good standing under the laws of the place where it is established. If you perform other functions, you represent and warrant that you are authorized to perform those functions. If you instruct Lunatrain to transfer a portion of your payout to a co-operator or other Operators, or send payments to someone else, you must be authorized to do so, and are responsible and liable for the payment amounts and accuracy of any payout information you provide.
Your Assumption of Risk.
You acknowledge that operating carries inherent risks and agree that you assume the entire risk arising out of your access to and use of the Halloway Platform, offering Private Railcar Services, or any interaction you have with other Members whether in person or online. You agree that you have had the opportunity to investigate the Halloway Platform and any laws, rules, regulations, or obligations that may be applicable to your Listings or Private Railcar Services and that you are not relying upon any statement of law made by Lunatrain.
Cancellations, Reservation Issues, and Booking Modifications.
In general, if a Guest cancels a Reservation, the amount paid to you is determined by the cancellation policy that applies to that Reservation. As an Operator, you should not cancel on a Guest without a valid reason under our Major Disruptive Events Policy or applicable law. If you cancel on a Guest without such a valid reason, we may impose a cancellation fee and other consequences. If: (i) a Guest experiences a Reservation Issue (as defined by the Rebooking and Refund Policy for Private Railcars), (ii) a Major Disruptive Event arises, or (iii) a Reservation is canceled under Section 17 of these Terms, the amount you are paid will be reduced by the amount we refund or otherwise provide to the Guest, and by any other reasonable costs we incur as a result of the cancellation. If a Guest receives a refund after you have already been paid, or the amount of the refund and other costs incurred by Lunatrain exceeds your payout, Lunatrain may recover that amount from you, including by deducting the refund against your future payouts. You agree that Lunatrain’s Rebooking and Refund Policy for Private Railcars, Major Disruptive Events Policy, and these Terms preempt the cancellation policy you set in situations where they allow for the cancellation of a Reservation and/or the issuance of refunds to Guests. If we reasonably expect to provide a refund to a Guest under one of these policies, we may delay release of any payout for that Reservation until a refund decision is made.
Booking Modifications.
Operators and Guests are responsible for any Booking Modifications they agree to make via the Halloway Platform or direct Lunatrain customer service to make on their behalf, and agree to pay any additional amounts, fees or taxes associated with a Booking Modification.
Operator Taxes
As an Operator, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in your price any applicable VAT or other indirect taxes, sales taxes, occupancy taxes, tourist, income, or other taxes ("Taxes").
Lunatrain provides payments services to Members publishing, offering and booking Private Railcar Services, or other services offered by Operators, including other current and future services provided via the Halloway Platform. These payment services are provided for the benefit of Operators and may include (if available) the following (collectively, “Payment Services”):
Collecting payments from Guests (“Payin”), by charging the payment method associated with their Lunatrain account, such as credit card, debit card, bank account, digital wallet or installments product provided by a credit provider (“Payment Method”);
Effecting payments to Operators (“Payout”) to a financial instrument associated with their Lunatrain account, such as a check, bank account, a prepaid card, or a debit card (“Payout Method”);
Other payment related services in connection with Private Railcar Services.
In order to use the Payment Services, you must be at least 18 years old, must have a Lunatrain account in good standing in accordance with these Terms, and must keep your payment and personal information accurate and complete.
Lunatrain Payment Services.
By using the Payment Services, you agree to comply with these Terms. Lunatrain may temporarily limit or suspend your access to or use of the Payment Services, or its features, to carry out maintenance measures that ensure the proper functioning of the Payment Services. Lunatrain may improve, enhance and modify the Payment Services and introduce new Payment Services from time to time. Lunatrain will provide notice to Members of any changes to the Payment Services, unless such changes do not materially increase the Members’ contractual obligations or decrease the Members’ rights under these Payments Terms.
Identification and Verification.
You authorize Lunatrain, directly or through third parties, to make any inquiries we consider necessary to verify your identity and information you provide, and if applicable, verifying the identity of the representative(s) and beneficial owner(s). This may include (i) screening you and, if applicable, your representative(s) and beneficial owner(s) against third-party databases or other sources, (ii) requesting reports from service providers, (iii) asking you and, if applicable, your representative(s) and beneficial owner(s) to provide a form of government identification (e.g., driver’s license or passport) to check your name, place and date of birth, your address, nationality and/or other information which we deem necessary under applicable laws; or (iv) requiring you to take steps to confirm ownership of your email address, Payment Method(s) or Payout Method(s). Lunatrain reserves the right to terminate, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.
Additional Terms.
Your access to or use of certain Payment Services may be subject to, or require you to accept, additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific Payment Service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service, unless specified otherwise.
Adding a Payment Method.
When you add a Payment Method to your Lunatrain account, you will be asked to provide billing information such as name, billing address, and financial instrument information either to Lunatrain or its third-party payment processor(s). You authorize Lunatrain and its payment service providers to collect and store your Payment Method information.
Payment Authorization.
You allow Lunatrain to charge your Payment Method (including charging more than one Payment Method), either directly or indirectly, for all fees due (including any applicable taxes) in connection with your Lunatrain account, including Damage Report amounts in accordance with the Terms and the Damage Policy. When you pay using your bank account, you authorize Lunatrain to debit your bank account according to the payment schedule shown at checkout. You also authorize Lunatrain to further debit or credit your bank account to correct any erroneous debit, make necessary adjustments to your payment, or to issue a refund back to your bank account.
Timing of Payment.
Lunatrain will charge the Total Price due at the time you submit your Reservation request. Once the payment for your requested Reservation is successfully completed, you will receive a confirmation email.
Payment Restrictions.
Lunatrain reserves the right to decline or limit payments that we believe (i) may violate Lunatrain’s risk management policies or procedures, (ii) may violate these Terms, (iii) are unauthorized, fraudulent or illegal; or (iv) expose you, Lunatrain, or others to risks unacceptable to Lunatrain.
Your Payment Method, Your Responsibility.
Lunatrain is not responsible for any loss suffered by you as a result of incorrect Payment Method information provided by you. Payment Methods may charge you additional fees when processing payments in connection with the Payment Services, and Lunatrain is not responsible for any such fees and disclaims all liability in this regard. Your Payment Method may also be subject to additional terms of use. Please review them before using your Payment Method.
Payment Collection.
Lunatrain generally collects the Total Price of a Reservation at the time the Guest checks out and confirms their order, unless noted otherwise.
Valid Payout Method.
In order to receive a Payout you must provide a valid Payout Method to Lunatrain. When you provide a Payout Method to Lunatrain, you may be asked to provide additional information such as a company name, government identification, tax ID, billing address, and financial instrument information to Lunatrain. Depending on the Payout Method selected additional information may be required, such as: registered address, name on the account, account type, routing number, account number, email address, identification number and account information associated with a particular payment processor. Providing requested information is required for a Payout Method to be valid. The information Lunatrain requires for a valid Payout Method may change, and Lunatrain may request additional information at any time; failing to provide requested information may result in Lunatrain temporarily placing a hold, suspending, or canceling any Payout until the information is provided and, if necessary, validated. You authorize Lunatrain to collect and store your Payout Method information in accordance with Lunatrain’s Privacy Policy. Lunatrain may also share your information with governmental authorities as required by applicable law, or with third-party payment processors to the extent necessary to process Payouts.
Timing of Payout.
Lunatrain will initiate Payouts to your selected Payout Method for each Reservation as soon as 48 hours after Lunatrain has received and confirmed payment from the Guest.
Payout.
Your Payout for a Reservation will be the Total Price less applicable fees like Lunatrain transaction and sales commission fees, and applicable taxes, and any amounts you agree to allocate to any co-operator. In the event of cancellation of a confirmed Reservation, Lunatrain will remit the amount you are due (if any) as provided in the Terms and applicable cancellation policy.
Payout Restrictions.
Lunatrain may temporarily place a hold, suspend, or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or completing an investigation; or if we are unable to verify your identity, or to obtain or verify requested information. Furthermore, Lunatrain may temporarily place a hold on, suspend, or delay initiating or processing any Payout due to you under the Terms as a result of high volume Reservation cancellations or modifications arising from a Force Majeure Event (as defined below).
Payout Currency.
Lunatrain will remit your Payouts in United States Dollars to your selected Payment Method.
Limits on Payouts.
For compliance or operational reasons, Lunatrain may limit the amount of a Payout. If you are due an amount above that limit, Lunatrain may make a series of Payouts (potentially over multiple days) in order to provide your full Payout amount.
Your Payout Method, Your Responsibility
Lunatrain is not responsible for any loss suffered by you as a result of incorrect Payout Method information provided by you. Your selected Payout Method may charge you additional fees when processing Payouts in connection with the Payment Services (including deducting charges from the Payout amount), and Lunatrain is not responsible for any such fees and disclaims all liability in this regard. Your Payout Method may also be subject to additional terms of use from your financial institution or Payout Method provider. Please review them before using your Payout Method.
Appointment.
Each Operator, including each Operator Team member, hereby appoints Lunatrain as the Operator’s payment collection agent solely for the limited purpose of accepting and processing funds from Guests purchasing Private Railcar Services on the Operator’s behalf.
Treatment of Payments.
Each Operator, including each Operator Team member, agrees that payment made by a Guest through Lunatrain, shall be considered the same as a payment made directly to the Operator, and the Operator will provide the Private Railcar Service booked by the Guest in the agreed-upon manner as if the Operator has received the payment directly from the Guest. Each Operator agrees that Lunatrain may refund the Guest in accordance with the Terms. Each Operator understands that Lunatrain’s obligation to pay the Operator is subject to and conditional upon successful receipt of the associated payments from Guest. Lunatrain guarantees payments to Operator(s) only for such amounts that have been successfully received by Lunatrain from Guests in accordance with these Terms. In accepting appointment as the limited payment collection agent of the Operator, Lunatrain assumes no liability for any acts or omissions of the Operator.
Responsibility for Remittance.
Each Guest acknowledges and agrees that, notwithstanding the fact that Lunatrain is not a party to the agreement between you and the Operator(s), including each Operator Team member, Lunatrain acts as each Operator’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Operator(s). Upon a Guest’s payment of the funds to Lunatrain, the Guest’s payment obligation to the Operator(s) for the agreed upon amount is extinguished, and Lunatrain is responsible for remitting the funds successfully received by Lunatrain to the Operator(s) in the manner described in these Terms. In the event that Lunatrain does not complete the provision of the Payment Services and remit any such amounts, the Operator(s) will have recourse only against Lunatrain and not the Guest directly for the failure on the provision of the Payment Services.
Collections.
If Lunatrain is unable to collect any amounts you owe under these Terms, Lunatrain may engage in collection efforts to recover such amounts from you.
Timeline for Amounts Overdue.
Lunatrain will deem any owed amounts overdue when: (a) for authorized charges, one hundred and twenty (120) days have elapsed after Lunatrain first attempts to charge or debit your Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Operator’s future Payouts, two hundred and seventy (270) days have elapsed after the adjustment is made to the Operator’s Lunatrain account or the associated services have been provided, whichever is later.
Default.
Lunatrain will deem any overdue amounts not collected to be in default when three hundred and sixty five (365) days have elapsed: (a) for authorized charges or debits, after Lunatrain first attempts to charge or debit your Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from an Operator’s future Payouts, after the adjustment is made to the Operator’s Lunatrain account or the associated services have been provided, whichever is later.
Communications.
You hereby explicitly agree that all communications in relation to amounts owed will be made by electronic mail or by phone, as provided to Lunatrain by you. Such communications may be made by Lunatrain or by anyone on their behalf, including but not limited to a third-party collection agent.
Payment Processing Errors.
Lunatrain will take the necessary steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the original Payout Method or Payment Method used or selected by you, so that you end up receiving or paying the correct amount. This may be performed by Lunatrain or a third party such as your financial institution. We may also take steps to recover funds sent to you in error (including but not limited to an event of duplicate payments made to you due to a processing error), by reducing, deducting and/or debiting the amount of such funds from any future Payouts owed to you.
Return of Funds Received in Error.
To the extent you receive any funds in error, you agree to immediately return such funds to Lunatrain.
Refunds.
Any refunds or credits due to a Member pursuant to the Terms, Major Disruptive Events Policy and Rebooking and Refund Policy for Private Railcars will be initiated and remitted by Lunatrain in accordance with these Payments Terms.
Parts of the Halloway Platform allow you to share images, videos, information, and other content (collectively, “Content”). By providing Content, in whatever form and through whatever means, you grant Lunatrain a non-exclusive, worldwide, royalty-free, perpetual, sub-licensable and transferable license to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit, in any manner such that Content to provide and/or promote the Halloway Platform, in any media or platform, known or unknown to date and in particular on Internet and social networks. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant Lunatrain (including its affiliates) the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Lunatrain prohibits the use of obscene, harassing, or illegal Content on the Lunatrain Platform. Lunatrain reserves the right to remove Content from the Halloway Platform at any time, for any reason, without notice.
Lunatrain may charge fees (and applicable Taxes) to Operators and Guests for the right to use the Halloway Platform. For Guests, more information about when platform fees apply and how they are calculated can be found on your order summary page. Any applicable fees are disclosed to Guests before making a Booking. For Operators, any fees which will be deducted from your Payout will be disclosed on your Sales Order. Contact your Account Manager for more information.
You must follow these rules and must not help or induce others to break or circumvent these rules.
Act with integrity and treat others with respect
Do not lie, misrepresent something or someone, or pretend to be someone else.
Be polite and respectful when you communicate or interact with others.
Do not attempt to evade enforcement of these Terms, our Policies, or our Standards, such as by creating a duplicate account or listings.
Do not discriminate against or harass others.
Do not scrape, hack, reverse engineer, compromise or impair the Halloway Platform
Do not use bots, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with the Halloway Platform.
Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Halloway Platform or Content.
Do not decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the Halloway Platform.
Do not take any action that could damage or adversely affect the performance or proper functioning of the Halloway Platform.
Only use the Halloway Platform as authorized by these Terms or another agreement with us
You may only use another Member’s personal information as necessary to facilitate a transaction using the Halloway Platform as authorized by these Terms.
Do not use the Halloway Platform, our messaging tools, or Members’ personal information to send commercial messages without their express consent.
You may use Content made available through the Halloway Platform solely as necessary to enable your use of the Halloway Platform as a Guest or Operator.
Do not use Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another agreement you have with us.
Do not request, make, or accept a booking or any payment outside of the Halloway Platform to avoid paying fees, taxes or for any other reason. See our Offline Fee Policy for exceptions.
Do not require or encourage Guests to open an account, leave a review, complete a survey, or otherwise interact, with a third party website, application or service before, during or after a Reservation, unless authorized by Lunatrain.
Do not engage in any practices that are intended to manipulate our search algorithm.
Do not use, copy, display, mirror or frame the Halloway Platform, any Content, any Halloway branding, or any page layout or design without our consent.
Honor your legal obligations
Understand and follow the laws that apply to you, including privacy, data protection, and export laws.
If you provide us with someone else’s personal information, you: (i) must do so in compliance with applicable law, (ii) must be authorized to do so, and (iii) authorize us to process that information under our Privacy Policy.
Read and follow our Terms, Policies, and Standards.
Do not use the name, logo, branding, or trademarks of Lunatrain or others without permission.
Do not use or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identifier that is confusingly similar to any Lunatrain trademarks, logos or branding.
Do not offer Private Railcar Services that violate the laws or agreements that apply to you.
Term.
The agreement between you and Lunatrain reflected by these Terms is effective when you access the Halloway Platform and remains in effect until either you or we terminate the agreement in accordance with these Terms.
Termination.
You may terminate this agreement at any time by sending an email to support@ridelunatrain.com or your Account Manager, or by deleting your account. Lunatrain may terminate this agreement and your account for any reason by providing you 30 days’ notice via email or using any other contact information you have provided for your account. Lunatrain may also terminate this agreement immediately and without notice and stop providing access to the Lunatrain Platform if you breach these Terms, you violate our Policies, you violate applicable laws, or we reasonably believe termination is necessary to protect Lunatrain, its Members, or third parties. If your account has been inactive for more than two years, we may terminate your account without prior notice.
Lunatrain reserves the right to change our services, including to add or remove features and functionalities or change the types of Listings we accept or allow on the platform, including but not limited to: improve or update our services, prevent abuse, or respond to legal requirements.
Legal Mandates.
Lunatrain may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body.
Effect of Termination
If you are an Operator and terminate your Lunatrain account, any confirmed Reservation(s) will be automatically canceled and your Guests will receive a full refund. If you terminate your account as a Guest, any confirmed Reservation(s) will be automatically canceled and any refund will depend upon the terms of the Reservation’s cancellation policy. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the Halloway Platform has been limited, or your Lunatrain account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the Halloway Platform through an account of another Member.
Survival.
Parts of these Terms that by their nature survive termination, will survive termination of this agreement.
Lunatrain may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the Halloway Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of any material changes by email, notifications through the Halloway Platform, or any other contact method made available by us and selected by you at least 30 days before the date they become effective. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the Halloway Platform will constitute acceptance of the revised Terms.
We offer you the right to use a platform that enables Members to publish, offer, search for, and book Private Railcar Services. While we work hard to ensure our Members have great experiences using the Halloway Platform, we do not and cannot control the conduct of Guests and Operators. You acknowledge that Lunatrain (or its affiliates) has the right, but does not have any obligation, to monitor the use of the Halloway Platform and verify information provided by our Members. For example, we may record, review, monitor, disable access to, remove, or edit text or messages, phone recordings, or other Content to: (i) operate, secure and improve the Halloway Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria. Members acknowledge and agree that Lunatrain administers its Policies (such as our Major Disruptive Events Policy) and Standards (such as basic requirements for operators), including decisions about whether and how to apply them to a particular situation, at its sole discretion. Members agree to cooperate with and assist Lunatrain (or its affiliates) in good faith, and to provide us with such information and take such actions as may be reasonably requested by us with respect to any investigation undertaken by us regarding the use or abuse of the Halloway Platform. Lunatrain is not acting as an agent for any Member except for where we act as a payment collection agent as provided in the Payments Terms.
You must register an account to access and use many features of the Halloway Platform. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the Halloway Platform under the laws of the United States, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your account and must immediately notify Lunatrain if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.
The Halloway Platform and all Content are provided “as is” without warranty of any kind and Lunatrain (or its affiliates) disclaim all warranties, whether express or implied. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Guest, Operator, Private Railcar Service, Listing or third party; (ii) we do not warrant the performance or non-interruption of the Halloway Platform; and (iii) we do not warrant that verification, identity or background checks conducted on Listings or Members (if any) will identify past misconduct or prevent future misconduct. Any references to a Member or Listing being "verified" (or similar language) indicate only that the Member or Listing or Lunatrain (or its affiliates) has completed a relevant verification or identification process and nothing else. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties Lunatrain (or its affiliates) cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.
Neither Lunatrain (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the Halloway Platform or any Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the Halloway Platform or any Content, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the Halloway Platform, or (iv) publishing or booking of a Listing, including the provision or use of Private Railcar Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Lunatrain has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose.
Except for our obligation to transmit payments to Operators under these Terms, in no event will Lunatrain’s aggregate liability for any claim or dispute arising out of or in connection with these Terms, your interaction with any Members, or your use of or inability to use the Halloway Platform, any Content, or any Operator Service, exceed: (A) to Guests, the amount you paid as a Guest during the 12-month period prior to the event giving rise to the liability, (B) to Operators, the amount paid to you as an Operator in the 12-month period prior to the event giving rise to the liability, or (C) to anyone else, one hundred U.S. dollars (US$100).
These limitations of liability and damages are fundamental elements of the agreement between you and Lunatrain. If applicable law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.
To the maximum extent permitted by applicable law, you agree to release, defend (at Lunatrain’s option), indemnify, and hold Lunatrain (including other affiliates and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature) or our Policies or Standards, (ii) your improper use of the Halloway Platform, (iii) your interaction with any Member, occupation of a Private Railcar, participation in any Private Railcar Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights. You agree to indemnify and hold Lunatrain (including other affiliates and their personnel) harmless from and against any of the aforementioned claims, liabilities, damages, losses, and expenses, regardless of Lunatrain’s responsibility for negligence and howsoever the same may be caused.
These Terms shall be construed in accordance with applicable U.S. federal law and the laws of the State of Delaware without regard to conflict of laws principles. In the event a dispute arises out of or in connection with these Terms, the parties will attempt to resolve the dispute through good faith consultation.
Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms (including those items incorporated by reference) constitute the entire agreement between Lunatrain and you pertaining to your access to or use of the Halloway Platform and supersede any and all prior oral or written understandings or agreements between Lunatrain and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and Lunatrain. If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. Where the word “will” is used in these Terms it connotes an obligation with the same meaning as “shall.”
Lunatrain’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without Lunatrain's prior written consent. Lunatrain may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice.
Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement, will be provided electronically and given by Lunatrain via email, Halloway Platform notification, messaging service (including SMS), or any other contact method we enable and you provide.
The Halloway Platform may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. Lunatrain is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.
Content made available through the Halloway Platform, including without limitation trademarks, trade dress, inventions, algorithms, computer programs (in source code and object code), customer and marketing information and other content (“Platform Content”), whether registered or unregistered, which may be protected by copyright, trademark, patent, trade secrets, know how, and/or other laws of the United States and other countries. You acknowledge that all intellectual property rights for that Platform Content are the exclusive property of Lunatrain and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Platform Content accessed through the Halloway Platform except to the extent you are the legal owner of that Platform Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, Lunatrain grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and view the Platform Content made available on or through the Halloway Platform and accessible to you, solely for your personal and non-commercial use.
Lunatrain shall not be liable for any delay or failure to perform resulting from abnormal or unforeseeable circumstances outside its reasonable control, the consequences of which would have been unavoidable despite all efforts to the contrary, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or other labor disputes, internet congestion or breakdown, or shortages of transportation facilities, fuel, energy, labor or materials.
If you have any questions about these Terms please email us at support@ridelunatrain.com.