General Terms and Conditions of SBB RailAway AG for individual travellers.
These General Terms and Conditions for individual travellers (referred to below as T&Cs) regulate the following legal relationships between you as an individual traveller and RailAway AG:
1.1 Depending on the chosen offer you have booked, you are concluding one of the following three contract types:
1.1.1 In the case of travel agent’s contracts, RailAway AG acts exclusively as agent and not as one of the contracting parties. Travel agent’s contracts are concluded between the consumer and the tour operator.
1.1.2 Tour operator's contracts involve a combination of at least two tourist services or travel services for a single overall price, with the trip lasting less than 24 hours and not including any overnight stays/accommodation.
1.1.3 Package tour contracts are contracts as described in Art. 1 of the Law on Package Tours (referred to below as LPT), which involve a previously arranged combination of at least two transport, accommodation or other tourist services, lasting more than 24 hours in total 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 contracts and travel agent's contracts that you conclude with RailAway AG, Lucerne. The full description of the trip that is booked may include further notes and conditions that also form part of the contract. In particular, the general terms and conditions of the respective event / travel organizer shall apply.
1.3 These T&Cs do not apply to contracts for group travel (10 people or more). The special prices and General Terms and Conditions applying to groups (10 people or more) can be obtained from the booking office or accessed online.
2.1 Some offers are subject to an application deadline which you will find in the relevant description.
2.2 Applications are required for certain offers involving guided tours, bike rental or scooter rides. Please consult the respective details in the offer description.
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. If you book online, on completion of the booking.
3.1 The travel booker is liable for the payment of all services booked. In particular, the travel booker is personally responsible to ensure that the ticket is not misused. We reserve the right to initiate criminal proceedings.
3.2 The travel booker is responsible for ensuring that their fellow travellers comply with all travel terms and conditions, that these T&Cs apply to all participants, that they follow all instructions given by RailAway AG and the service providers and that they carry the necessary personal identification with them and comply with all entry and other requirements if they travel outside Switzerland. In the case of foreign trips, the travel booker shall provide the booking office with a list of the nationalities of the travellers at the time of booking. The booking office shall 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 travel booker is responsible for ensuring that visas etc. are obtained in due time. If the necessary travel documents (passport, visa etc.) are not issued, or their issuance is delayed and the trip has to be cancelled or postponed, the terms stated in Section 6 apply.
3.3 Participants undertake to handle any sports equipment etc. handed over to them carefully and to return it in accordance with the contract. The participants are liable for any damage, unless they can prove that the damage occurred through no fault of their own. Participants are responsible for complying with road traffic regulations and FIS rules.
4.1 The prices of the individual offers are examples for certain customer groups. The prices contain the reduced supplementary services as specified (admission, voucher, etc.). Rounding differences may arise.
4.2 For the terms applying to public transport tickets, please consult the SBB T&Cs.
4.3 All prices include VAT.
For bookings made at the ticket counter or via SBB Contact Center, payment is made at the time of booking. For bookings made over the Internet, payment is made by selected payment method.
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 20.00 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. Changes, cancellations or refunds are not possible for offers purchased online. Please consult Section 10: Special conditions for online bookings. If one of the grounds for refund specified under ‘Exceptions’ should apply, leisure services (e.g. admission tickets) may be refunded within 30 days of the expiry of the validity period. Please note that RailAway may levy refund charges. Refunds of public transport tickets are subject to the SBB T&Cs.
6.3 The date on which the booking office received notification of the change and the reason for the refund are crucial for calculating the cancellation charges.
6.4 Online purchases are subject to the provisions of the ‘Special conditions applying to online purchases’ section.
7.1 RailAway AG expressly reserves the right to change prices and descriptions in brochures, leaflets, electronic media etc. before your booking is made. You will be notified of these changes when you book.
7.2 Changes after booking before the start of the trip:
7.2.1 Prices may be raised 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 raised or new ones are introduced, or as a result of exchange rate fluctuations. The agreed travel prices will be raised 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 and of their effect on the price as soon as possible.
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 LPT applies, and, in the case of alternative measures as described in Section 7.2.2, paragraph 13 LPT 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 participants, unless RailAway AG has caused the change to the schedule through gross negligence or with intent. For package tours as defined by the LPT, Art. 12 ff. LPT 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 legitimate cause to do so through their actions or omissions. RailAway AG reserves the right to charge a handling fee and cancellation costs as described in Sections 6.1 and 6.2. If the trip is curtailed, unused travel services will not be reimbursed.
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 measures, 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. All further claims are excluded. If the trip is curtailed, the cost of the unused services will be reimbursed, unless the service providers would invoice RailAway AG for these services. We reserve the right to add any additional costs that may be incurred.
7.4.3 For package tours, Art. 10 paragraph 4 and Art. 11 ff. of the Law on Package Tours apply.
8.1 Any deficiencies in the performance 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. If a complaint is made in situ during the trip, the service provider in question will endeavour to find an appropriate solution.
8.2 In the case of a package tour, RailAway AG 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.
9.1 Conditions for Events.
9.1.1 Event tickets.
For admission tickets for events taking place on a set date, the general terms and conditions of the relevant organiser apply. The contract partner of the ticket purchaser is the organiser responsible for executing the event sold by RailAway and for providing the service associated with the ticket. Therefore, it is solely the event organiser that decides on the option, conditions and handling of a return, refund or exchange of tickets purchased for events. However, on no account is this RailAway AG.
9.1.2 Public transport tickets.
Refunds of tickets for public transport outward and return journeys included with the admission ticket are at the discretion of the event organiser (complete integration).
Reduced public transport tickets, which are only valid in conjunction with an admission ticket, may be refunded in the event of the postponement or cancellation of an event according to the T600.9 fare regulations (mobility contributions, combined offers with reduced rail travel).
Standard fare public transport tickets may be refunded or exchanged according to the T600.9 fare regulations (combined offers without reduced rail travel).
9.2 Exchange, refund.
Leisure service tickets that have been purchased online can be neither refunded nor exchanged.
9.2.1 Double booking (identical ticket date, surname and first name of ticket holder; for public transport online tickets also identical route and date of birth).
9.2.2 Leisure service online tickets with an incorrect date, provided that at the time of the refund, the journey to the destination on the ticket is no longer possible on this day according to the timetable. This also applies to leisure services that can no longer be used at the time of the refund. The refund can only be made if it can be proven that the correct ticket was subsequently purchased.
9.2.3 The difference in price of the ticket purchased on-site shall not be refunded.
9.2.4 Proven inability to travel (traveller’s illness or accident, or death in the immediate family).
9.2.5 Proven unavailability of part of the service because the relevant provider had to cancel the service at short notice due to technical or other objectively explainable reasons, by the service partner (e.g. route closure, closure due to weather conditions).
9.2.6 Forgotten/lost online tickets/RFID card (SwissPass), blue Half-Fare or GA travelcard, point-to-point travelcard: If you forget your leisure service online ticket/RFID card, the blue Half-Fare or GA travelcard or the point-to-point travelcard, you have to purchase a new ticket on-site at the normal price. The difference in price of the ticket purchased on-site shall not be refunded. The unused leisure service ticket can be refunded using the refund application form.
9.2.7. Refunds of multi-day offers which are proven not to have been used in full (e.g. 2-day ski pass only used for 1 day) are handled by the service partner or the customer’s own insurance.
9.3 Deadline for claiming refunds.
If one of the grounds for refund specified under ‘Exceptions’ should apply, leisure service online tickets may be refunded if pertinent documents (evidence corroborating the exception) are submitted at the same time. Public transport online tickets are subject to the SBB T&Cs. Please note that RailAway AG may levy refund charges.
9.4 Submission of refund application.
Refund applications must be submitted either directly at the ticket counter or online using the refund form.
The following conditions apply to online purchases:
10.1 PDF Reader.
A PDF Reader needs to be installed on the computer on which the online tickets are printed. Please print the tickets via the print function of the PDF Reader (e.g. Adobe Reader) and not via the print function of the web browser.
Online tickets must be printed at 100% (unscaled) on white, blank paper in A4 portrait (upright) format. A printout in black and white is sufficient for ticket control purposes. Changes in print size are not allowed. Smudged or incomplete printouts are not accepted as valid. We recommend downloading and printing a test ticket prior to the first online ticket purchase. Further information can be found in the “Technical requirements” and “FAQ SBB” (frequently asked questions) documents.
10.3 Printer types.
For printing the tickets, please use a laser or inkjet printer with a resolution of at least 600 dpi. Tickets printed or copied on fax machines or other devices are not accepted as valid. Public transport online tickets that are not perfectly legible are not valid and passengers travelling with such tickets are treated as passengers without a valid ticket in accordance with the provisions of Art. 20 of the Passenger Transport Law.
10.4 Ticket control.
Customers must be in possession of a ticket before commencing their journey (scheduled departure of the train). Aside from an official ID and/or the Half-Fare or GA travelcard, the print-out of the online ticket must be presented to the local service provider. Confirmation e-mails do not count as tickets. Where no valid ticket can be presented to the ticket inspector, a ticket for the respective leisure service must be purchased on-site.
10.5 Identification requirement.
Online tickets are personalised and non-transferable. They are valid exclusively in combination with a valid official proof of identity issued to the person travelling (passport or identity card). This proof of identity must be shown to the ticket inspectors together with the online ticket. On journeys within Switzerland, a valid Half-Fare travelcard or GA travelcard belonging to the person travelling can also be produced instead of an official proof of identity. In the case of reduced travelcards, the corresponding legitimation (e.g. Half-Fare travelcard) must always be produced.
10.6 Duration of validity.
Online tickets are valid on the printed date only. No changes or refunds are possible thereafter (cf. ‘Exchange, refund’ above). As a rule, leisure service tickets can be purchased at the earliest 60 days before travel.
10.7 Technical requirements.
The ‘Technical requirements’ document sets out further technical requirements for online ticket purchases.
10.8 FAQ and contact.
If you have any problems or questions concerning your online ticket purchase, a comprehensive list of frequently asked questions (FAQ) is available. Direct queries can be submitted via the contact form.
The SwissPass T&Cs apply.
12.1 RailAway AG is exclusively liable for the due performance of the contract. In all other respects, any liability of RailAway AG is excluded to the extent permitted by law. The relevant organisers or service providers are solely responsible for the proper performance of the trip and/or the service in question.
12.2 Liability for non-performance or incomplete performance of the package tour contract is governed by the relevant provisions of the LPT. In this case, liability of RailAway AG for damages other than injury to persons is limited to double the value of the package tour (see Art. 16 paragraph 2 LPT).
In the case of improper use or falsification, the participants or contracting parties hereby take note that the Swiss transport companies are entitled to make the respective (no longer anonymised and potentially sensitive) personal and customer data available to any internal offices affected by such improper use as well as to external transport companies, in order to avoid any further misuse. Personal and customer data relating to travellers or contracting parties convicted under criminal law may also be exchanged with internal and external transport companies, specifically with a view to prevention. Correct access to sensitive personal or customer data in accordance with the data protection laws is guaranteed. RailAway AG reserves the right to evaluate the use of promo codes on a personalised basis.
The data protection policy of SBB applies.
15.1 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.
15.2 The sole place of jurisdiction is the city of Lucerne, Switzerland.
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