General terms and conditions SBB RailAway
(General Terms and Conditions of Business of SBB RailAway AG for groups and schools click here)
1. Area of application
1.1 These General Terms and Conditions of Business for individual travellers (referred to below as T&Cs) regulate the following legal relationships between you as an individual traveller and RailAway AG, Lucerne:
- travel agent's contracts
- tour operator's contracts: a tour operator's contract refers to a combination of at least two tourist services or travel services for a single overall price, with the trip not lasting longer than 24 hours and not including any overnight stays/accommodation.
- package tour contracts as described in Art. 1 of the Law on Package Tours: this refers to a previously arranged combination of at least two transport, accommodation or other tourist services, lasting in total longer than 24 hours and offered at a single overall price.
1.2 Unless otherwise agreed in writing with the booking office, these T&Cs apply to all package tour contracts, tour operator's and travel agent's contracts that you conclude with RailAway AG, Lucerne. The full description of the trip that is booked may include other notes and conditions that also form part of the contract.
1.3 These T&CS do not apply to contracts for group travel (10 people or more). There are special prices and General Terms and Conditions of Business for groups (10 people or more). These can be obtained from the booking office and on the RailAway AG website.
2. How to apply
2.1 We recommend that you apply as soon as possible. For some offers, there is a last possible application date which you will find in the relevant description.
2.2 Our booking offices are only able to accept special requests if they are designated as being without obligation. Special requests and secondary agreements only form part of the contract if they have been confirmed by the booking office in writing and without reservation.
2.3 The contract between you and RailAway AG is concluded as soon as your application is unreservedly accepted by the booking office. If you book by phone, the contract comes into effect with the verbal agreement of the booking office. In the case of automated bookings or bookings over the Internet, the contract comes into effect once the service has been paid for.
3. Duties of the person making the booking and of the persons travelling
3.1 The person making the booking is liable for the payment of all services booked.
3.2 The person making the booking is responsible for ensuring that their fellow travellers comply with all the conditions for travelling, that these T&Cs apply to all participants, that they follow the instructions of RailAway AG and the service providers and, in the case of foreign trips, carry the necessary personal identification with them and meet and comply with all entry and other requirements. In the case of foreign trips, the person making the booking will provide the booking office with a list of the nationalities of the travellers at the time of booking. The booking office will inform the group of the entry conditions for Swiss citizens and for citizens of the EU and EFTA as soon as possible. Participants of other nationalities should contact the relevant consulate for information. The person making the booking is responsible for ensuring that visas etc. are obtained in good time. If the necessary travel documentation (passport, visa etc.) is not issued, or is issued too late and the trip has to be cancelled or postponed, the terms stated in Section 6 apply.
3.3 Participants undertake to handle carefully any sports equipment etc. that they are given and to return it in accordance with the contract. The participants themselves are liable for any damage, unless they can prove that they were not responsible for causing it. It is recommended that such equipment is checked for any defects when it is received, and any defects are reported.
3.4 Participants are themselves responsible for complying with road traffic and FIS rules.
4. Services and prices
4.1 The services provided by RailAway AG can be seen in the relevant brochure and on the tickets.
4.2 The prices given in the brochures are from the main departure stations and are therefore not binding. The provisions of Art. 3 of the Law on Package Tours apply. For children, families and holders of a «general abonnement» or half-fare card, the best possible terms are applied.
4.3 All prices include VAT.
5. Payment
5.1 The full price of the package that has been arranged must be paid on booking. In the case of telephone bookings, payment must be made within 3 days or when the travel documentation is collected at the latest. For automated bookings and bookings made over the Internet, payment must be made on booking.
5.2 It is possible that for certain offers a security deposit may have to be paid. Details can be found in the relevant trip description.
5.3 If the deadlines for payment are not adhered to, RailAway AG has the right to withhold your services, withdraw from the contract and demand the handling fees and cancellation charges described in Section 6.
6. Changes to the travel schedule or the number of participants or cancellation of the trip
6.1 If you wish to change the travel schedule or the number of participants or cancel the trip, you must inform your booking office immediately and return any travel documents you have already received.
6.2 A handling fee of CHF 16.- will be charged in the event of any change to the travel schedule, a reduction in the number of participants, or the cancellation or postponement of the date of travel.
6.3 In addition to the handling fee, the following cancellation charges will be applied: 5 - 2 days before start of trip: 50% of the cost of the package; 1 - 0 days before start of trip: 80% of the cost of the package; no-show: 100% of the cost of the package. In the case of cancellation of transportation services only, on scheduled trains, chair lifts, ski lifts etc. during normal operating hours, the cost of the unused services will be refunded, provided that - in the event of a full or partial cancellation or a reduced number of participants - the tickets are returned to the booking office before the agreed start date for the trip, or else the actual number of participants is unanimously confirmed by the railway and by the contracting partners (in the case of a reduced number of participants). In this case only the handling fee of CHF 16.- will be charged.
6.4 The cancellation charges are calculated from the date on which the booking office received notification of the change.
7. Changes to the descriptions, prices and schedules
7.1 RailAway AG expressly reserves the right to change prices and descriptions in brochures, leaflets, flyers, the electronic media etc. before your booking is made. You will be told about these changes when you book.
7.2 Changes after booking before the start of the trip:
7.2.1 Prices can be increased after booking and before the start of the trip, if transportation costs rise, state duties (such as taxes etc.) or fees (such as security charges etc.) are increased or new ones introduced, or as a result of exchange rate changes. The agreed travel prices will be increased accordingly.
7.2.2 RailAway AG reserves the right to change the schedule or specific services if this proves necessary for reasons of force majeure, or unpredictable or unavoidable circumstances. RailAway AG will endeavour to provide an alternative service of equivalent value. The booking office will inform you of such changes as quickly as possible and of their effect on the price.
7.2.3 For package tours, in the event of price increases as described in Section 7.2.1, Art. 7 and 8 paragraph 2 of the Law on Package Tours shall apply, and, in the case of alternative measures as described in Section 7.2.2, paragraph 13 of the Law on Package Tours applies.
7.3 RailAway AG is entitled to change the travel schedule during the trip if this proves necessary for reasons of force majeure, or unpredictable or unavoidable circumstances. Any additional costs will be charged to the travellers, unless RailAway AG was to blame for causing the change to the schedule. For package tours regulated by the Federal Law on Package Tours (PRG), the conditions of Art. 12 ff. PRG apply.
7.4 Cancellation or curtailment of the trip by RailAway AG:
7.4.1 RailAway AG is entitled to cancel or curtail the trip if participants give them good reason by their actions or failure to behave properly. They reserve the right to charge a handling fee and cancellation costs as described in Sections 6.1 and 6.2. If the trip is curtailed there can be no reimbursement for the unused travel services.
7.4.2 RailAway AG is entitled to cancel or curtail the trip if unforeseeable or unavoidable events, force majeure (environmental conditions, natural disasters etc.), official action, strikes etc. make the trip significantly more difficult, dangerous or impossible. If the trip is cancelled before it has started, RailAway AG will reimburse the price already paid, provided there are no further claims. If the trip is curtailed, the cost of the unused services will be reimbursed, unless RailAway AG has been invoiced for these services by the service providers. We reserve the right to add any additional costs that may be incurred.
7.4.3 For package tours, Art. 10 paragraphs 4 and 11 ff of the Law on Package Tours apply
8. Complaints
8.1 Any deficiencies in complying with the terms of the travel agent's or tour operator's contract must be reported in writing to the relevant service provider within 30 days of the end of the trip. In the event of a complaint being made in situ during the trip, the service provider in question will try to find an appropriate solution.
8.2 In the case of a package tour, RailAway AG, Lucerne, as the tour agent or operator, should also be informed immediately in the same way. Complaints relating to a package tour are regulated by Art. 12 of the Law on Package Tours.
9. Liability of RailAway AG
9.1 Under a travel agent's contract, RailAway AG, Lucerne, is only liable to an individual traveller for proper execution of its responsibilities. RailAway AG, Lucerne, cannot be held liable for ordinary negligence, culpability on the part of the individual traveller, third-party culpability or force majeure. The relevant organisers or service providers are solely responsible for the proper execution of the trip and/or the service in question.
9.2 Under a tour operator's contract, RailAway AG, Lucerne, is liable for the proper execution of the contract in accordance with the relevant legal requirements. RailAway AG, cannot be held liable for ordinary negligence, culpability on the part of the individual traveller, third-party culpability or force majeure.
9.3 Liability arising from failure to execute or to execute a package tour contract properly is based on the relevant conditions of the Law on Package Tours. Under Art. 15 of the Law on Package Tours, RailAway AG, Lucerne is not liable if the failure to execute or to execute the contract properly is due to:
- a. failings on the part of the individual traveller;
- b. unforeseeable or unavoidable failings on the part of third parties, not involved in the performance of the contractually agreed service;
- c. force majeure or an event which the organiser, agent or service provider was unable to predict or avert despite taking all due care.
For losses other than personal injury, liability is limited to twice the price of the package tour, except in the case of losses caused by deliberate or gross negligence.
10. Applicable law and place of jurisdiction
10.1 The relationship between you and RailAway AG is governed solely by Swiss law. The latest version of the T&Cs that applies to your contract with RailAway AG can be found on the RailAway AG website at www.sbb.ch/railaway-gtc.
10.2 The sole place of jurisdiction is the city of Lucerne, Switzerland.
Lucerne, 2 February 2009
