GTC SBB FreeSurf.
General Terms and Conditions (GTC) for SBB FreeSurf.
1. Subject matter and area of validity.
These General Terms and Conditions (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 specific trains, SBB AG will – where technically, operationally and economically feasible – provide customers with the service SBB FreeSurf.
During registration for SBB FreeSurf, the specific usage costs for the data volume used by the customers shall be borne by SBB AG. The use of the data volume takes place through the customer’s mobile network provider (Salt or Sunrise). The relevant contract conditions of the customer’s mobile network provider are valid.
The quality of the connection is based on network quality of the customer’s mobile network provider (Salt or Sunrise). In providing its service, SBB AG cannot 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 provided on a certain train. 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 if the connection is set up and secured in the train.
SBB FreeSurf on trains is made available free of charge to all passengers with a valid ticket and a valid Swiss SIM card from the mobile network provider Salt or Sunrise for the duration of their train journey.
3. Duties and responsibilities of the customer.
The use of SBB FreeSurf to access the Internet requires a ready-to-use smartphone device with Bluetooth Low Energy and a suitable operating system (Android or iOS), a valid Swiss SIM card from the mobile network providers Salt or Sunrise as well as the SBB FreeSurf app. The customer bears sole responsibility for the fulfilment of these requirements.
The customer is not permitted to misuse the SBB FreeSurf, i.e. contrary to the agreement or in an illegal manner, e.g. to operate a server or to offer or make the use of this service available to third parties in return for payment or other benefits.
Use of the Internet services is 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. Furthermore, the GTC of the mobile network provider for the use of Internet services apply. If the customer produces publications on the Internet, he/she shall bear sole responsibility for their content.
In case of breach 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 cases, the customer shall be fully liable to recourse in respect of SBB AG.
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. To deregister his/her device, the customer should send an e-mail with his/her telephone number to firstname.lastname@example.orgLink opens in new window. All registered devices (see also Section 4 Registration) are then deleted.
In order to use the SBB FreeSurf, the customer must register his/her smartphone. Registration is valid for 12 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 accept these GTC.
5. Data protection.
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.
SBB AG shall have unlimited liability for damages resulting from injury to life, the body or health resulting from a breach of duty by SBB AG, a legal representative or a vicarious agent of SBB AG as well as for damages caused by the absence of a condition guaranteed by SBB AG or in the event of malicious conduct on the part of SBB AG. Furthermore, SBB AG shall have unlimited liability for damage caused intentionally or through gross negligence by SBB AG or one of its legal representatives or vicarious agents, as well as for liability under the Product Liability Act.
In the event of a breach of key contractual obligations caused by minor negligence, the amount of SBB AG’s liability shall be limited to foreseeable damage typical for the type of contract, except in the aforementioned cases. Key contractual obligations are those whose fulfilment is essential for the proper execution of a contract and on whose observance the contracting parties may regularly rely. Any other liability is excluded.
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 and termination.
SBB AG reserves the right to amend these GTC at any time with future effect. Within the framework of existing contracts, this only applies insofar as the amendment is necessary for valid reasons, in particular to improve processing or prevent misuse due to a changed legal situation, technical changes or further developments, copyright and/or other equivalent reasons, and insofar as it does not unreasonably disadvantage the customer. In this case, SBB AG will inform the customer of the amendments to the GTC in writing or by e-mail within an appropriate timeframe. The changes shall be considered accepted if:
a) the customer does not object to the amendments in writing or text form, such as by e-mail, within a period of six weeks of the date of notification thereof, or
b) the customer continues to use the service after notification of the amendments.
When communicating the amendment of the GTC, SBB AG undertakes to expressly point out that the circumstances mentioned under a) and b) above result in the acceptance of the amended GTC.
The contracts may be terminated at any time and for whatever reason. The right to termination for good cause shall remain unaffected.
10. Severability clause.
Should individual provisions of these GTC prove to be invalid or unlawful, the validity of the remaining provisions will not be affected. In this case, the provision concerned will be replaced by a valid clause which reflects the commercial purpose of the invalid provision as closely as possible.
11. Settlement of disputes.
SBB AG is not prepared nor obliged to participate in a settlement of disputes before a consumer arbitration board.
12. Applicable law and place of jurisdiction.
This contractual relationship is governed exclusively by Swiss law. This choice of law shall apply to consumers only insofar as the protection granted to the consumer by mandatory provisions set out by the law of the country of the consumer’s habitual residence is not withdrawn. The exclusive place of jurisdiction shall be Bern, provided that the customer is a merchant or a legal entity under public law or the case concerns a special fund under public law.
13. Contact address.
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