Terms and Conditions for bespoke travel in chartered coaches and trains (2009 Edition).
Thank you for your interest in our exclusive chartered coaches and trains. To ensure that your charter trip is successful, our specialist organisers will want to work closely with you. To avoid misunderstandings later, please read the following terms and conditions carefully. We appreciate your enquiry.
- Travel suggestions.
- RailAway AG would be pleased to provide suggestions for your charter trip. We will provide the first travel suggestion free of charge. Further suggestions will be invoiced at CHF 350. This amount will be credited against your firm booking.
- All travel suggestions are subject to pricing, timetable and programme changes, as well as the availability of the vehicles reserved. If vehicles have been provisionally reserved for you, this will be specifically mentioned as an option in the travel suggestion. There is always a time limit on provisional reservations, which will be strictly adhered to.
- If RailAway AG arranges for travel services etc. to be provided by other companies (third-party services), your contract will be with these companies and their terms and conditions will apply.
- Application and conclusion of contract.
- We advise you to apply as early as possible. Certain vehicles are very popular – and providing a professional service always requires a certain lead time. We therefore require a minimum one month's notice for bookings of chartered coaches and trains.
- The contract between you and RailAway AG comes into force when your booking is unconditionally accepted by RailAway AG. This acceptance will always be confirmed in writing.
- The person who submits the application will be responsible for the obligations of all those travelling (in particular for the payment of the invoice total). These Terms and Conditions apply to all persons travelling.
- Please check your order confirmation carefully and notify your RailAway organiser in writing of any errors or inaccuracies within 5 days of receipt. Otherwise the order confirmation will be assumed to be correct.
- Services, prices and terms of payment.
- The services we provide will be based on our order confirmation.
- Prices for travel within Switzerland are always inclusive of value added tax.
- A deposit of approximately 30% of the expected total price is due on receipt of the order confirmation. We will send you a separate invoice for the deposit. You will receive a final invoice after you have completed your trip. The deposit you have already paid will be deducted from the invoice total.
- All order confirmations are based on an agreed approximate number of passengers.
- RailAway AG must be informed of the exact number of passengers no later than five working days before the date of travel.
- Changes and cancellations on your part.
- Changes to services after receipt of the order confirmation will be invoiced at a minimum of CHF 120 per change.
- In the event of cancellation of the whole trip after receipt of the order confirmation, the following cancellation charges apply:
61 days or more before departure: CHF 500.00*
21 to 60 days before departure: 20%*
10 to 20 days before departure: 50%*
5 to 9 days before departure: 80%*
1 to 4 days before departure: 90 %*
0 days; non-appearance: 100%
* but at least CHF 500.00 plus any claims from partner companies
- In cooperation with Mondial Assistance, we can offer you optional low-priced key person cancellation insurance.
- Price changes, programme changes and cancellation by RailAway AG.
- Should any changes in the price or programme occur after we have submitted your travel suggestion but before we issue the order confirmation, we will inform you immediately.
- Should price or programme changes occur after we have confirmed your booking, we will inform you immediately.
- If the price increase is more than 10% or if there are significant changes to the contract terms, you have the option of accepting these changes or cancelling the contract without penalty.
- If, after acknowledging your order, we are unable to supply a vehicle for technical reasons, we will do our best to offer you an equivalent alternative solution. If this alternative solution is not to your satisfaction, you may cancel the contract without penalty. We will refund the amount of your deposit immediately subject to the exclusion of any further claims.
- RailAway AG may cancel the charter booking in the event of force majeure or circumstances making it impossible, very difficult or dangerous to complete the trip. Your deposit will be refunded subject to the exclusion of any further claims.
- If the services we provide do not comply with our contractual obligations, or if you suffer loss or harm, please inform your RailAway AG organiser immediately. Charter trains are often accompanied by a tour guide, who can record the circumstances surrounding your complaint. If you wish to claim compensation for loss or damages from RailAway AG, you must obtain confirmation of the basis for your claim from the tour guide or service provider and submit your claim to RailAway AG within 30 days from the end of the trip.
- Liability of RailAway AG.
- RailAway AG agrees to organise your charter travel in a professional manner in accordance with the order confirmation.
- If we fail to provide services, or if you suffer loss or harm, RailAway AG will be liable provided that RailAway AG or another service provider is guilty of gross negligence. Our liability is limited to the direct loss or damage suffered, or an amount equivalent to no more than half of the cost of the charter.
- RailAway AG accepts no liability for railway companies or other licensed transport companies in Switzerland and other countries. Our non-liability does not affect your rights against these companies.
- Applicable law.
- Swiss law shall apply.
- The parties agree on the city of Lucerne as the court of jurisdiction.