GTC SBB Inclusive.
Here you will find the General Terms and Conditions (GTC) for the SBB Inclusive app.
1. Subject matter and scope of application.
These General Terms and Conditions (GTC) of Swiss Federal Railways (SBB AG), CH-3000 Bern 65, Switzerland, govern the use of SBB Inclusive by customers.
2. Description of services.
On specific trains and at specific railway stations, SBB AG will provide customers with the service SBB Inclusive, where technically, operationally and economically feasible.
Customers have no entitlement to be provided with SBB Inclusive on a specific train or at a specific station and at a specific time. SBB AG has the right to block access to SBB Inclusive at any time without giving a reason.
The quality of the internet connection depends on the network quality of the customer’s mobile network provider. 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.
3. Duties and obligations of the customer.
The use of SBB Inclusive requires an operational, suitable smartphone with Bluetooth Low Energy, a suitable operating system (Android or iOS), access to location data, an internet connection and the SBB Inclusive app installed. The customer bears sole responsibility for the fulfilment of these requirements. The internet connection and use of the data volume takes place through the customer’s mobile network provider. The relevant contract conditions of the customer’s mobile network provider apply.
The customer is not permitted to misuse SBB Inclusive, i.e. to use it contrary to the Terms and Conditions or in an illegal manner, for example by offering or making the use of this service available to third parties in return for payment or other benefits.
The customer uses SBB Inclusive at their own risk. The customer bears sole responsibility for the security of the device which he/she uses to access SBB Inclusive. The customer has a duty to use the services provided by SBB AG appropriately and in compliance with the law. Furthermore, the general terms and conditions of the customer’s mobile network provider apply.
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.
If the customer breaches any of the duties or responsibilities detailed above, SBB AG has the right to block their use of the service with immediate effect.
4. Data protection.
The data traffic generated by the use of SBB Inclusive flows via the mobile network of the customer’s mobile network provider and is subject to the applicable legal conditions. SBB AG cannot guarantee that use of SBB Inclusive 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 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 material contractual obligations due to slight negligence, SBB AG’s liability shall be limited to the amount of the foreseeable damage typical of this kind of contract. Material contractual obligations are those obligations whose fulfilment is essential for the proper execution of an agreement and on whose observance the contracting parties may regularly rely. Any other liability is excluded.
SBB AG shall not assume any liability for damages resulting from inaccurate, incomplete or delayed information provided in SBB Inclusive or for consequential damages, consequential losses, indirect damages, lost profit, loss of sales, loss of company value or missed savings.
7. Engagement of third parties.
In order to fulfil the provision of its services, SBB AG may commission third parties at any time. In doing so, SBB AG remains responsible for ensuring compliance with the contractual arrangements and legal regulations.
8. 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 within an appropriate time frame. The changes shall be considered accepted:
a) if 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) as soon as the customer continues to use the service, having been notified 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.
9. 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.
10. Applicable law and place of jurisdiction.
This contract is governed exclusively by Swiss law. The exclusive place of jurisdiction is Bern.
11. Contact address.
© SBB AG