1. Subject matter and area of validity.

These GTC of Swiss Federal Railways (SBB AG), CH-3000 Bern 65, Switzerland, govern the use of SBB FreeSurf by customers. 

2. Description of service and costs.

On its national long-distance trains, SBB AG will – where technically, operationally and economically feasible – provide customers with a valid Swiss SIM card from a provider participating in SBB FreeSurf with the service SBB FreeSurf free of charge. The offer is also valid on the lines operated by Schweizerische Südostbahn AG (SOB) within the ambit of cooperation on long-distance services (see synoptic map).

For as long as they are registered with SBB FreeSurf, customers may consume data free of charge via SBB FreeSurf on the device used for registration. Data is consumed exclusively through the customer’s mobile network provider. The relevant contract conditions of the customer’s mobile network provider apply. The partners involved are: digitec connect, Salt, Sunrise, Quickline and Swisscom. Simultaneous data usage on devices with the same MSISDN that are not being used directly on the train is not permitted.

The quality of the connection depends on the network quality of the customer’s mobile network provider and the individual contract concluded between the customer and his/her mobile network provider. In providing its service, SBB AG does not guarantee the quality of data transmission, speed of data transmission or fault-free operation, as these are directly influenced by circumstances over which SBB AG has no or only limited influence.

Customers have no guarantee that the SBB FreeSurf service will be available on any given train. In particular, SBB AG has the right to block access to SBB FreeSurf at any time without giving a reason. Free use of FreeSurf is only guaranteed after a connection has been established on the train, secured, and confirmed to the customer by an SMS message from the mobile network provider.

The SBB FreeSurf service is not offered on cross-border Swiss trains providing long-distance services after the mobile network provider’s network has been exited. It is possible that this may occur without the mobile network provider sending a message to that effect. If the SBB FreeSurf app is nonetheless used abroad, SBB AG will not cover the costs of data traffic. In order to ensure that no charges are incurred: turn off roaming in settings, data options. 

3. Duties and responsibilities of the customer.

The internet may only be used with SBB FreeSurf on a ready-to-use end device (smart phone, tablet/iPad) with a suitable operating system (Android or iOS), provided that a valid Swiss mobile network contract has been concluded with a participating provider and that the “SBB FreeSurf” app has previously been installed. The customer bears sole responsibility for the fulfilment of these requirements.

The customer is not permitted to misuse SBB FreeSurf, i.e. in breach of the agreement or in an unlawful manner, e.g. to operate a server or to offer this service or make it available to third parties in return for payment or other benefits.

Internet services are used at the customer’s own risk. The customer bears sole responsibility for the security of his/her device (which he/she uses to access SBB FreeSurf). The customer has a duty to use the services provided by SBB AG appropriately and in compliance with the law. The contractual terms and conditions applicable between the mobile network provider and the customer (including any general terms and conditions of business) shall continue to apply without amendment, in particular with regard to the usage of internet services. The customer bears sole responsibility for any content published or opinions expressed on the internet.

In the event of any breach by the customer of legal regulations or official orders, the customer shall release SBB AG from all claims brought by third parties against SBB AG as a result of these violations. In such an eventuality, the customer shall hold SBB AG fully harmless, and shall as a general matter be obliged to support SBB AG in good faith in defending against any unjustified claims.

The customer assumes responsibility for ensuring that the device he/she uses and the software installed on it are free of viruses and other malware. The customer is also obliged to immediately deregister his/her device with SBB if it is sold, stolen or otherwise lost. It is possible for the customer to deregister by sending an email, indicating the telephone number, using the contact form on www.sbb.ch/freesurf. All registered devices (see also section 4 Registration) will be deregistered. 

4. Registration.

The customer must register in order to use SBB FreeSurf (MSISDN/telephone number). Registration is open-ended. Registration is cancelled if no access occurs for six months. The system requires the customer to enter his/her mobile phone number. SBB AG reserves the right to request that individual customers or all customers re-register at any time. The first time he/she logs into the system, the customer will be asked to read and accept these GTC.

5. Data protection.

SBB AG complies with the applicable data protection and telecommunications regulations. In order to be able to provide the service, SBB AG records the MAC address of the end device used by the customer, the mobile telephone number as well as the duration of the connection. SBB AG requires the MSISDN/mobile telephone number in particular in order to rectify any faults. All data are erased after six months. SBB AG shall ensure that no movement profiles are generated. No location data shall be passed on to mobile network providers. 

6. Security.

The data traffic generated by the use of SBB FreeSurf operates on the mobile network of the customer’s mobile network provider and is subject to the applicable legal framework conditions. SBB AG cannot guarantee that use of SBB FreeSurf is secured against third-party access to customer data either saved locally on the customer's device or transmitted by the customer while using the service. The customer is responsible for ensuring the security of such data. 

7. Liability.

Both SBB AG and the customer shall bear liability for all losses caused to the other party unless the relevant party is able to demonstrate that he/she/it was not at fault. Liability shall be limited to demonstrable loss that has actually been incurred.

SBB AG shall bear liability for the actions of its employees in the same manner as for its own. Liability for personal injury shall be unlimited. Otherwise SBB AG shall not accept any liability unless required otherwise by law. This shall apply in particular for consequential losses (e.g. loss of profit, data loss or damage as a result of downloads) and losses caused by force majeure occurrences.

SBB AG provides exclusively internet access through SBB FreeSurf. In particular, it does not warrant that SBB FreeSurf will work without disruption on all long-distance trains operated by it and SOB at all times and without exception. Accordingly, SBB AG shall not bear liability for losses arising as a result of the fact that SBB FreeSurf was under exceptional circumstances unavailable, did not work, or did not work without disruption on a specific train. SBB AG shall not bear liability for damage to the hardware or software of the end device used by the customer. Unless required otherwise by law, SBB AG shall not bear liability for the authenticity and integrity of the data stored or transmitted through its system or over the internet. Similarly, unless required otherwise by law, no liability shall be incurred for the unintentional disclosure of, damage to, loss of or erasure of data that have been sent/received or stored. 

8. Engagement of third parties. 

SBB AG may commission third parties to provide its services at any time. In doing so, SBB AG remains responsible for ensuring compliance with the contractual arrangements and legal regulations. 

9. Amendments to the GTC.

SBB AG reserves the right to amend these GTC at any time with future effect. This shall apply in particular if the amendment is necessary in order to improve service provision or to prevent misuse owing to a change in the law, technical changes or other developments, or for copyright or other equivalent reasons, provided that the customer is not unreasonably disadvantaged. Any amendment to the GTC will be displayed in the app. The new version must be accepted in order to continue to use SBB FreeSurf.

10. Severability clause.

Should individual provisions of these GTC prove to be invalid or unlawful, the validity of the remaining provisions shall not be affected. In this case, the provision concerned shall be replaced by a valid clause that reflects the commercial purpose of the invalid provision as closely as possible.

11. Applicable law and place of jurisdiction.

This contract is governed exclusively by Swiss law. The exclusive place of jurisdiction shall be Bern. The foregoing is without prejudice to any mandatory place of jurisdiction.

12. Contact address.

Contact form: sbb.ch/en/freesurf

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