General Commercial Terms and Conditions for tailor-made group travel (2009 edition).
We are delighted that you are interested in one of our group journeys. The organisation of group travel requires close collaboration between yourself and our specialist organisers. In order to prevent any misunderstandings, we would ask you to carefully read through the General Commercial Terms and Conditions below. Thank you. – Many thanks for the confidence you have shown in us.
- Travel suggestions.
- RailAway AG is only too pleased to provide you with travel suggestions. The first travel suggestion is free-of-charge, but subsequent ones are invoiced by RailAway AG at euro 200.- each. You will be billed with this amount on making a firm booking. As we act as service providers, it is possible that extra travel suggestions will be invoiced by our business partners.
- Travel suggestions are always subject to price, timetable, and programme changes, as well as the availability of seats. – If seats are booked provisionally for you, this will be expressly mentioned in the travel suggestion. Provisional reservations always have a time limit. Unless mentioned otherwise on the travel suggestion, this limit is 30 days.
- If RailAway AG provides you with the travel services etc. of other companies (third party services), then your contract will be direct with this company and its General Commercial Terms and Conditions shall apply.
- Application and conclusion of contract.
- Lots of group arrangements often sell out well in advance. We recommend getting your application in as early as possible. We need several working days to facilitate organisation at a professional level. Therefore, the application time for group travel on regular service trains is 10 working days.
- The contract between yourself and RailAway AG comes into force with the unconditional acceptance of your booking by RailAway AG. As a rule, this involves the written acknowledgement of the order.
- These General Commercial Terms and Conditions (GCTC) form an integral part of the contract.
- The person who makes the application is responsible for the obligations of all those travelling (and in particular for payment of fares). These GCTC apply to all persons travelling.
- The order acknowledgement should be checked very carefully and any inaccuracies are to be reported to the persons responsible for organisation at RailAway AG in writing within 5 days of receipt. Otherwise, the order acknowledgement will be regarded as being correct.
- Services, prices and terms of payment.
- Services are based on travel suggestions.
- Prices for inland travel are always inclusive of Value Added Tax.
- A deposit of 30% of the total travel price is to be paid on receipt of the acknowledgement. The rest of the payment must be made at the latest 5 days before the travel date.
- If these payment terms are not complied with, then RailAway AG can withdraw from the contract and request any processing fees and cancellation costs.
- All travel acknowledgements are based on an agreed, approximate number of travellers.
- Any changes to the number of travellers must be advised to the booking office immediately. Please see Point 5 below: "Changes and cancellation of travel on your part."
- Changes and cancellation of travel on your part
- Changes to or the cancellation of services or the agreed approximate number of travellers will be invoiced at cost, depending on the change, but with a minimum charge of euro 40.-.
- In the event of the cancellation of the whole trip or parts thereof, as well as in the event of the cancellation of travellers, the following cancellation costs will be charged over and above those mentioned in 5.1 above:
Up to 61 days before start of journey euro 200.00
From 60 days before start of journey 20 % *
20 to 10 days before start of journey 50 % *
9 to 5 days before start of journey 80 % *
4 to 1 days before start of journey 90 % *
0 days, non-appearance 100 %*
* of cost of journey (min. euro 200.-)
In the event of cancellation of the complete trip, the cancellation costs will be calculated on the total price (approximate number of travellers). In the event of cancellation of parts of the travel, the cancellation costs will be calculated on the appropriate part price (approximate number of travellers).
Please note that our partners can also invoice you for cancellation costs.
- In cooperation with Mondial Assitance, we can offer you optional low-priced cancellation/travel assistance insurance
- Price and programme changes; cancellation of travel by RailAway AG
- Should price or programme changes, etc. arise between our travel suggestion and your making the booking, you will be informed of this when you make your booking.
- Should price or programme changes arise after conclusion of the contract, we will inform you as quickly as possible.
- Should the price rise by more than 10 % or if a considerable change has to be made to a significant point in the contract, you are free to accept this or withdraw from the contract. In this case we will endeavour to offer you an alternative trip. If you decide not to take up this offer, the travel price already paid will be refunded without delay. – You must let the booking office know within five days of receipt of our communication whether or not you intend to accept our offer. Should the booking office receive no communication on your part within this time limit, then it will assumed you agree to the price increase or change of programme.
- RailAway AG can cancel the travel arrangements in the event of an Act of God or circumstances making execution impossible, very difficult or dangerous. The travel price will be refunded excluding any compensation for damages.
- If services are not provided in compliance with the contract or should you suffer injury or damages, then please inform the relevant service provider without delay, or if need be the booking office and request a remedy. If no remedy is requested, then please have the shortcomings and/or injury or damages confirmed. Service providers and booking offices are not authorised to recognise claims on behalf of RailAway AG. – If you wish to make a claim against RailAway AG for shortcomings or compensation for damages, then you must notify your claim to RailAway AG within 30 days of the contractual end of the journey, also attaching the confirmation of the service provider or booking office, or else forfeit all claims. The same applies if the shortcomings or damages cannot be confirmed by the service provider or booking office.
- Liability of RailAway AG
- RailAway AG is obliged to organise your travel professionally according to the order acknowledgement.
- If services are not provided or if you have suffered damages or injury, then RailAway AG is liable for the lack of service or damages/injury, as long as RailAway AG or another service provider is guilty of gross negligence. This liability is limited for each traveller to the proximate damages and twice the cost of travel per person.
- RailAway AG accepts no liability for railway companies or other transport companies with a Federal licence. – These companies' liability to yourself is not affected by our non-liability.
- The liability of RailAway AG outside this contract is orientated towards the relevant legal provisions, as long as these GCTC do not provide further limitations or exclusions to its liability.
- Applicable law and court of jurisdiction
- Only Swiss Law shall apply.
- The parties agree on the city of Lucerne as the court of jurisdiction.