These General Terms and Conditions (GTC) of SBB AG govern customers' use of the SBB Wifi (WLAN).
At selected stations, SBB AG will – where technically, operationally and economically feasible – provide Internet access for the customer. In providing the service, SBB AG cannot guarantee the quality of data transmission or fault-free operation. Customers have no guarantee that the SBB Wifi will be provided at a specific station. In the event of excessive use by a customer, SBB AG may limit the bandwidth for the customer or bar the customer from using the service. SBB AG has the right to block certain services or websites at any time.
SBB AG provides the SBB Wifi for customers to use free of charge for a fixed period each day. Once the complimentary period of use has expired, the SBB Wifi at the relevant location may only be used again after a waiting period has elapsed.
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 the Wifi network). The customer has a duty to use the services provided by SBB AG appropriately and in compliance with the law. The customer is expressly prohibited from misusing the Internet access or allowing it to be misused. He/she is also forbidden from using the services to commit illegal or criminal acts. This also includes accessing content or linking to third-party content (links/hyperlinks) that breach legal regulations or official orders, particularly in relation to content or design which is pornographic or racist in nature or which glorifies violence. The same applies to the violation of ancillary rights (especially trademark rights and copyrights), the sending of defamatory statements, junk mail or bulk mail (spam) and anti-competitive practices. The customer is prohibited from misusing the services to harm other Internet users, from peer-to-peer networks, other similar networks or platforms for offering, downloading, sharing etc. content which is protected by copyright (e.g. music, videos, films, e-books, etc.). If the customer produces publications on the Internet, he/she shall bear sole responsibility for their content.
In the aforementioned cases of breaches 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. SBB AG is entitled to charge the customer for all the costs it has incurred as a result of the incorrect or improper use of the installed equipment or the object of this agreement.
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 email@example.com. All registered devices (see also Section 5 Registration) are then deleted. If the customer breaches any of the duties detailed above, he/she must compensate for the direct or indirect damage or loss caused as a result.
If the customer breaches any of the duties or responsibilities detailed above, SBB AG has the right to block his/her Internet access or to immediately take technical measures, insofar as these are necessary, to ensure the fault-free operation of the service. The customer may be barred from using the services with immediate effect.
In order to use the SBB Wifi, the customer must register his/her device. Each customer may register a number of devices for the SBB Wifi. The registration is valid for 12 months. The system requires the customer to enter his/her mobile phone number. The MAC address of the device used will be automatically assigned to the mobile phone number provided. 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.
SBB AG complies with the applicable data protection and telecommunications regulations.
On registering, the customer transmits the following data to SBB AG:
Mobile phone number
MAC address of his/her device (automatic)
As well as the above data, details of the station area visited (including date and time) will be recorded each time the customer uses the SBB Wifi.
The customer shall acknowledge that SBB AG, as a telecommunications service provider, is registered with the Swiss Federal Office of Communications and as such is bound by the legal obligations of the Swiss Federal Act of 6 October 2000 on the Surveillance of Post and Telecommunications, and its related ordinance. Provided the legal conditions are met, SBB AG is required, on behalf of the responsible authority, to monitor directly or through a third party the use of the Internet and the data traffic between the customer and the Internet. Furthermore, SBB AG may be required to disclose the customer's contact, usage and peripheral data to the authorised administrative bodies.
He/she can cancel his/her registration for the SBB Wifi at any time by sending an e-mail to firstname.lastname@example.org. As soon as the registration has been cancelled, no more personal data of the customer will be collected and processed.
The usage and peripheral data will be stored in personally identifiable form for 6 months before being anonymised. From the time the SBB Wifi registration is cancelled or 12 months after registration, contact data will be stored for 6 months and then destroyed.
If you have any questions regarding data protection or would like to make any information, removal and correction requests, please contact SBB AG's data protection officers email@example.com
Once the customer has logged in, data transmission between his/her device and the hotspot will be unencrypted. Therefore, data transmitted between the device and the hotspot could potentially be intercepted by third parties. SBB AG cannot guarantee that use of the hotspot 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. Any compensation claims made by the customer resulting from use of an unsecured connection, particularly for damage to his/her hardware or software, data loss or other forms of loss which can attributed to use of the service, are excluded unless the incident that caused the damage or loss was the result of gross negligence or wilful action on the part of SBB AG. Use of the publicly accessible Internet is at the customer's own risk.
To the extent permitted by law, SBB AG precludes any liability for itself, its auxiliary staff and third parties engaged by it. It shall only be liable up to the amount of the proven damage or loss. It accepts no liability in the event of force majeure, for consequential losses or for loss of earnings. SBB AG provides WiFi only in order to provide access to the Internet. SBB AG assumes no liability either for ensuring the permanent availability of Internet access or for ensuring that the service for Internet access or other Internet services operate without interruption or faults. Nor does it accept liability for damage to the hardware or software of the customer's device or for any other damage, material or otherwise, which can be attributed to use of the hotspot. Insofar as may be legally admissible, SBB AG is not liable for the authenticity and integrity of the stored data or the data transferred via its system or the Internet. Likewise, to the extent permitted by law, liability is declined for the inadvertent disclosure, loss or erasure of or damage to sent, received or stored data. Moreover, SBB AG is not liable for damage caused due to misuse of the connection by third parties (including viruses).
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.
SBB AG reserves the right to amend the GTC at any time. The customer will be informed about the amendment to the GTC in an appropriate manner.
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 shall be replaced by a valid clause which reflects the commercial purpose of the invalid provision as closely as possible.
This agreement is governed exclusively by Swiss law. The court of jurisdiction shall be Berne.