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General Terms and Conditions of RailAway AG for groups and schools

1. Area of application

1. Area of application
1.1 These General Terms and Conditions of Business for groups and schools (groups of 10 people or more; referred to below as "TCB for Group Travel") regulate the following legal relationships between you as a group 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 TCB apply to all package tour contracts, tour operator's and travel agent's contracts that you conclude with RailAway AG, Lucerne. The final description of the trip that is booked may include other notes and conditions that also form part of the contract.
1.3 For groups and schools, the minimum number of participants is 10. If this number is not reached, or if cancellations etc. mean the number falls below 10, then the normal prices for individual travellers will apply (see Section 6 below).

2. How to apply

2. How to apply
2.1 Many special deals for groups and schools are often sold out well in advance. We therefore recommend that you apply as early as possible. However, applications must be made no later than 6 working days before the start of the trip.
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 in person at one of our booking offices, you will sign a booking form to this effect. If you book by phone, the contract comes into effect with the verbal agreement of the booking office. In the case of bookings over the Internet, the contract comes into effect once the service has been paid for.
2.4 In order for schools to be able to benefit from the special prices for schools, they must, either when they book or when they collect the travel documentation at the latest, present to the booking office an original copy of the SBB's form "Order form for Swiss group tickets", signed and stamped by the school office, the canton's "Youth + Sport" Office or the Federal School of Gymnastics and Sport in Magglingen. Otherwise, the higher prices for group travel apply.

3. Duties of the person making the booking and of the persons travelling

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. If the contract is signed in the name of a school, association or other corporate body, then the sponsor of the school or, in the case of associations and other corporate bodies, the legal representative is liable for paying for the services booked. If the school's sponsoring body or the legal representative refuses to pay, then the person making the booking is liable for the payment.
3.2 The person making the booking is responsible for ensuring that their fellow travellers comply with all the conditions for travelling, that these TCB for Group Travel 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.
3.3 In the case of foreign trips, the person making the booking will provide the booking office with a list of the nationalities of the participants 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.
3.4 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 a complaint made then if necessary.
3.5 Participants are themselves responsible for complying with road traffic and FIS rules.

4. Services and prices

4. Services and prices
4.1 The services provided by RailAway AG are derived from the relevant brochure, these TCB for Group Travel and your contract with RailAway AG. We will confirm to you in writing the details that are binding. The exact itinerary showing dates, timetable and meeting times must be checked thoroughly and, if there are any inaccuracies, these should be pointed out in writing to the booking office within five days of the confirmation being issued.
4.2 Different prices apply for private groups and for schools. Schools are only eligible for the school rates if they can present an SBB "Order form for Swiss group tickets", signed and stamped by the school office, the canton's "Youth + Sport" Office or the Federal School of Gymnastics and Sport in Magglingen, when they collect the travel documentation at the latest.
4.3 The prices given in the brochures are from the main departure stations. For children and holders of a "general abonnement" or half-fare card, the best possible terms are applied.
4.4 The contractually agreed price may be subject to increase due to a rise in transportation costs, an increase in taxes on certain services or a change in exchange rates, and travellers will be notified of this at least 3 weeks before the trip. If the price increase is of more than 10%, the traveller has the right to cancel the contract free of charge by sending a registered letter within 5 days of notification.
4.5 All prices include VAT.

5. Payment

5. Payment
5.1 A deposit of CHF 150.- must be paid when the booking is made or, in the case of a telephone booking, within 3 days of confirmation being received.
5.2 The remainder must be paid when the travel documentation is collected at the latest. If the booking is made less than 6 days before the start of the trip, the full price must be paid when the booking is made.
5.3 It is possible that for certain offers a security deposit may have to be paid. Details can be found in the relevant trip description.
5.4 If the deadlines for payment are not adhered to, RailAway AG has the right to withhold its 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. Changes to the travel schedule or the number of participants or cancellation of the trip
6.1If 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. The booking office will confirm the change or the cancellation to you in writing.
6.2Once the booking has been confirmed or accepted by RailAway, a handling fee of CHF 60.- will be charged for any changes to the itinerary, reduction in the number of participants, cancellation or postponement of the date of travel.
6.3

In the event of the customer cancelling the booking altogether, then in addition to the handling fee, RailAway will also charge the following cancellation charges:
10 - 6 days before start of trip: CHF 150.-
5 - 2 days before start of trip: 50%*, no less than CHF 150.-
1 - 0 days before start of trip: 80%*, no less than CHF 150.-
No-show: 100%*, no less than CHF 150.-
*of the total amount for the confirmed trip at the time of cancellation.

If it is only a reduction in the number of participants, then in addition to the handling fee the following cancellation charges must be paid:
5 - 2 days before start of trip: 50% of the cancelled arrangements
1 - 0 days before start of trip: 80% of the cancelled arrangements
No-show: 100% of the cancelled arrangements

If, as a result of the cancellation of certain participants, the total number no longer reaches 10, the same prices are charged as for individual travellers. 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 60.- will be charged.

6.4Group passengers can postpone the trip to a later date at any time up to the preceding day. They must inform the booking office by 9 a.m. of the preceding day and agree a new date at the same time. A trip can be postponed twice in this way free of charge. From the 3rd postponement onwards, normal cancellation charges apply.
6.5The 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. 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.
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 has been invoiced for these services by the service providers.
7.4.3 For package tours, Art. 10 paragraphs 4 and 11 ff of the Law on Package Tours apply.

8. Complaints

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. 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 the task. 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, Lucerne, cannot be held liable for ordinary negligence, culpability on the part of group travellers, 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 group travellers;
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. Data protection

10. Data protection
10.1The contact details that you submit to RailAway AG for participation in competitions may be used for marketing purposes by RailAway AG. No correspondence will be entered into about the competition. The draw is carried out without publicity. There is no right of appeal. Winners will be notified in writing. Employees of SBB AG and RailAway AG are excluded from taking part.
10.2When booking a group ticket or a group combined offer, your address details will be entered into the SBB seat reservation system. These data are held in the CRM system of RailAway AG and may be used for marketing purposes.

11. Applicable law and place of jurisdiction

11. Applicable law and place of jurisdiction
11.1The relationship between you and RailAway AG is governed solely by Swiss law. The latest version of the TCB that applies to your contract with RailAway AG can be found on the RailAway AG website at www.sbb.ch/tandc-railaway.
11.2The sole place of jurisdiction is the city of Lucerne, Switzerland.

Lucerne, November 2015

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