General Terms and Conditions (GTC)
Online shops of the marketplace of the Schweizerische Südostbahn AG (SOB) with SwissBooking AG as an intermediary – General Terms and Conditions (GTC) with consumer information
Version: 12.05.2022
1. Scope of application
These General Terms and Conditions (GTC) govern the contractual relationship between you as a customer and the intermediary Swiss Booking AG (SWB) for all orders placed on the following online booking platforms and their associated apps:
unterwegs.sob.ch
voralpen-express.ch
trenogottardo.ch
aarelinth.ch
alpenrhein-express.ch
Further URLs of SOB and any white label shops of the Schweizerische Südostbahn AG (SOB)
SWB reserves the right to modify these GTC at any time without prior notice. The version in force at the time of booking (request for conclusion of a contract by the customer) shall be decisive. SWB is exclusively an agent and not an organiser of the products and services offered in the online shops with the following coordinates: Swiss Booking AG, Churerstrasse 54, 8808 Pfäffikon SZ, e-mail: office@swissbooking.ch
Tel. no.: +41 (0) 55 588 0238
2. SWB as an agent with a collection mandate
The customer books shopping basket items on the online booking platforms and the associated apps. SWB acts as an agent with a collection mandate for each of these items. SWB acts as an agent for services provided by various service providers. The contractual party of the customer and thus the party responsible for the fulfilment of the booked service is the respective contracted or booked supplier or service provider.
The offers can be combined by the customer as individual modules (e.g. train journey, accommodation, local event) to create a complete shopping basket tailored to the customer's needs. SWB is not liable for the correct execution of the individual services or deliveries, unless it itself acts as the supplier or service provider. Furthermore, SWB is not liable for the composition of the shopping basket and for the coordination of the individual items with each other (in terms of time, location, etc.). The customer can only refer to the brokered contract and the applicable terms and conditions with the direct provider (e.g. railway company, hotel, etc.). It is the customer's responsibility to familiarise themselves with the applicable terms and conditions of the direct providers. Should the customer's attention be drawn to any other contractual provisions here or elsewhere on the online booking platforms, this is for information purposes only. SWB is in no way bound by this.
3. SWB as a distribution partner for public transport services
3.1 Purchase of tickets and reservations
SWB acts as a distribution partner and sells tickets and reservations for public transport services to customers.
3.2 Registered companies providing public transport services
The service providers and contractual partners for the customer are the registered companies that offer public transport services. SWB is therefore in no way liable for the fulfilment of the service. The General Terms and Conditions for Public Transport Services apply in connection with the fulfilment of the service. If the customer purchases tickets or reservations through SWB, they accept the terms and conditions for public transport services, which can be found at the following link.
https://www.sbb.ch/de/abos-billette/kaufmoeglichkeiten/verkaufskanaele/online/allgemeine-geschaeftsbedingungen.html
3.3 Cancellation of public transport services
The cancellation of public transport services is subject to the tariff conditions of the national public transport system in accordance with https://www.allianceswisspass.ch/de/Themen/TarifeVorschriften or the respective tariff conditions of the transport associations. In the event of a cancellation, the customer must contact the SWB's after-sales service (SAV). This is provided by the Schweizerische Südostbahn AG (SOB) and can be reached at www.sob.ch/sav.
4. SWB as an agent for package holidays and package tours
4.1 Booking package holidays and package tours
If the customer books a basket of goods that falls under the current Federal Act on Package Travel, they will be informed during the booking that it is a package holiday. Unless otherwise stated, the booking is not subject to the current Federal Act on Package Travel. The organiser of a package holiday, but not SWB as an agent for package holidays, ensures the reimbursement of paid amounts and the return of the consumer in the event of insolvency.
4.2 Cancellation of package holidays and package offers
The following cancellation conditions apply to the cancellation of package tours and package deals, unless the agreement with the organiser contains different cancellation conditions:
up to 2 weeks before the start of the trip – no cancellation fee
up to 1 week before the start of the trip – cancellation fee of 40% of the total price
up to 48 hours before departure – cancellation fee of 70% of the total price
less than 48 hours before departure – cancellation fee 100% of the total price. In the event of a cancellation, the customer must contact the SWB's customer service department (SAV). This is provided by the Schweizerische Südostbahn AG (SOB) and can be reached at www.sob.ch/sav.
5. SWB as an agent for individual services provided by other service providers
5.1 Booking individual services provided by other service providers
If the customer books individual services provided by other service providers (e.g. mountain railway tickets, concert tickets, local events and other leisure services), SWB acts solely as an agent for these services. The customer enters into a contract directly with the service provider.
The service providers have their own general terms and conditions (GTC), which are listed in point 9 in the appendix. If these are not listed in point 9 in the appendix, the customer must request them from the service provider.
5.2 Cancellation of individual services from other service providers
It is not possible for the customer to cancel individual services from other service providers in the webshop itself. The cancellation conditions of the respective responsible service provider apply. In the event of a cancellation booking, the customer or the service provider must contact the SWB's service après-vente (SAV). This is provided by the Schweizerische Südostbahn AG (SOB) and can be reached at the following contact details: www.sob.ch/sav. The service providers with their general terms and conditions (GTC) are listed in point 9 in the appendix. If no terms and conditions are listed or if the contract with the service provider does not contain any different cancellation conditions or if they are not stated in the terms and conditions, the following cancellation conditions apply:
Up to 2 weeks before the service is provided – no cancellation fee
Up to 1 week before the service is provided – cancellation fee of 40% of the total price
Up to 48 hours before the service is provided – cancellation fee of 70% of the total price
Less than 48 hours before the service is provided – cancellation fee of 100% of the total price
6. General provisions
6.1 General terms and conditions
By accessing and using the online booking platforms mentioned in point 1 and thus also by using them, the customer accepts the general terms and conditions (GTC).
SWB does not guarantee, in accordance with the GTC, either consistency or the unrestricted availability of the online booking platforms. SWB shall therefore not be held liable for the consequences of interruptions in the booking process or the non-transmission of messages. Particular attention has been paid to the user-friendliness of the interface. The customer is responsible for the correct operation of the website. The customer is responsible for the consequences of operating errors.
6.2 Conclusion of contract, advance payment, e-mail correspondence
The online booking platforms are intended primarily for the European area (Switzerland, EEA countries). SWB does not guarantee accessibility to the platforms from outside this region. The offers published by SWB do not constitute an offer of a contract.
If the customer orders the shopping basket on the online booking platforms, this constitutes an application to conclude the contracts in accordance with the individual shopping basket items. The rejection of the application always affects the entire shopping basket, even if it is triggered by only a single order item. When payment and services are available, the individual contracts between service providers or suppliers and the customer are concluded. This is done by SWB sending the customer an order confirmation via a message on the website (success page) and by email (acceptance of all shopping basket items) and by definitively debiting the advance payment.
SWB's response to the customer's request is deemed to have been made as soon as the relevant data is transmitted to the internet on the SWB system. The time of arrival of the e-mail at the customer or the display of the success page on the customer's client is irrelevant. The customer is obliged to inquire with SWB about the whereabouts of the response if necessary. In addition, the current order status can also be accessed in his user account.
If customers from countries not listed in the payment process place orders, SWB is unable to accept them, even if the customer can prompt the automatic platform to react as described above. In this case, the contract with the supplier is only deemed to have been concluded when the goods are delivered (shipping items, accessories, etc.) or when the service is actually used.
The transmission of e-mail messages via public networks is asymmetrical and prone to disruption, takes place unprotected and can be intercepted, read and changed by third parties. In addition to the content, the sender and recipient of the e-mail can also be seen by third parties. This also applies to e-mails used in communication with SWB. The customer authorises SWB to send e-mails to them. SWB is in no way liable for damages resulting from the defective, disrupted or intercepted transmission of an e-mail. These provisions apply analogously to other unprotected forms of communication that are comparable in their functionality and risk situation and that are used now or in the future.
Messages sent to addresses provided by the customer or to addresses that have been successfully used in the past in dealings with SWB (in particular e-mail addresses) shall be deemed to have been duly delivered. In the case of e-mails, the time of delivery is deemed to be the time of dispatch by SWB. In the case of postal traffic, it is assumed, unless proven otherwise, that letters sent by priority mail, including those sent abroad, will be delivered no later than four days after being handed in at a Swiss post office.
6.3 Price, payment terms
The price to be paid by the customer is calculated based on the total price displayed in the shopping basket in Swiss francs (CHF). Unless expressly stated otherwise, it includes taxes and duties, in particular the respective legally applicable Swiss value added tax. The total price depends on the individual design of the arrangement and may therefore differ from the indicative prices (‘from EUR...’, information in foreign currencies). Prices are subject to change. The customer must ensure that the shopping basket displayed is still up to date. After initiating the ordering process, the customer is shown a summary of his request. The prices contained therein are accepted by the system as unchangeable for 15 minutes; after that, the customer must re-initiate the ordering process at the shopping basket for his own security.
Contracts based on the individual shopping cart items are only concluded after an automated advance payment has been made in accordance with the configuration of the online platform. The customer's order will not be processed until SWB has received a confirmation of cover. The customer and SWB shall bear all fees incurred by them in connection with the payment processing.
6.4 Delivery of vouchers/e-tickets and downloadable tickets
The order confirmation is deemed to be proof of the concluded contracts, but cannot be used as proof of entitlement to the service (voucher, ticket, e-ticket). A link on the order confirmation refers to the customer's user account, where – depending on the product or service – the necessary documents – for example the voucher - can be downloaded or a data carrier can be loaded.
In order to use their entitlements, the customer must print out their vouchers, eWallets (digital vouchers), tickets and e-tickets (‘print@home’). The entitlements may not be copied, modified or reproduced.
In all cases, the customer is responsible for protecting their vouchers from theft or unauthorised reproduction. They must note that impersonal services will be awarded to the first person to present the valid document. Any subsequent proof that the person presenting the voucher is not the same person as the person who ordered it or the customer is irrelevant for SWB or the service providers arranged by SWB.
The documents printed by the customer as proof of eligibility must be dry, not dirty, not damaged, not crumpled and in a legible condition. They may include a barcode, QR code or other similar codes that are currently or will be used in the future, which can be checked electronically for verification. The documents must not be folded in the area of the codes.
6.5 Framework conditions
SWB has no influence over the structural measures, emission sources, etc. in the vicinity of a described whereabouts and therefore cannot provide any guarantees. SWB also has no influence over the origin of any guests present, the general quality of service and the quality of the services, the organisation and execution of the announced events at the destination (unless SWB is the organiser) and on further individual options (unless expressly part of the offer). Certain prerequisites, e.g. physical, are necessary on the part of the customer for participation in individual events or the use of various services. The customer must inquire about this with the service provider; any corresponding liability of SWB is expressly excluded in these cases.
6.6 Cancellation bookings
The provisions for cancellation bookings are set out in points 3.3, 4.2 and 5.2.
6.7 Processing fee
A processing fee of CHF 10 will be charged for each rebooking or cancellation.
7. Purchase of vouchers
7.1 General value vouchers
The customer has the option of purchasing general vouchers. By purchasing general vouchers, the holder is entitled to redeem the voucher individually on the respective online booking platforms for which the vouchers were issued. The voucher conditions can be found in the product description of the voucher. The voucher conditions are deemed to have been accepted by the customer upon purchase of the voucher.
7.2 Product- and service-related vouchers
The customer has the option of purchasing product- or service-related vouchers if the corresponding offers are available. By purchasing these vouchers, the holder is entitled to redeem them for certain products or services. These redeemable products or services, as well as the voucher conditions, can be found in the product description of the voucher. The voucher conditions are deemed to have been accepted by the customer upon purchase of the voucher.
7.3 Special value vouchers
The customer has the option of purchasing special vouchers if they are available. These vouchers offer the customer additional benefits through special offers that can be redeemed when the voucher is redeemed. By purchasing special vouchers, the holder is entitled to redeem the vouchers for certain products or services at individual terms that are advantageous for the customer. These individual and general voucher conditions can be found in the product description of the voucher. They are deemed to have been accepted by the customer upon purchase of the voucher. Special vouchers cannot be combined with other promotions.
The purchase of special vouchers by companies and resellers is prohibited, so the offer is exclusively for end users.
8. Special provisions
8.1 Liability
SWB is not liable for damages in connection with excursions or events that the customer books themselves ‘on site’ during the provision of the service. This also applies if the relevant documents are available in a facility associated with SWB or are described on the website.
8.2 Applicable law and place of jurisdiction
The applicable law and the place of jurisdiction are based on the terms and conditions of the individual suppliers as contractual partners of the customers.
8.3 Severability clause
Should one or more provisions of these general terms and conditions be or become invalid or inadmissible in whole or in part, this shall not affect the validity of the entire contract.
The invalid or unenforceable provision shall be replaced by a provision that most closely approximates the economic purpose of the invalid or unenforceable provision.
9. Appendix: List of service providers
9.1 General
The contract for the provision of services is concluded between the customer and the respective service provider. If the customer has any questions regarding the fulfilment of the contract, they must contact the responsible service provider directly. The following points list the service providers and, if available, a link to their valid terms and conditions. If these are not available here, the customer must request them from the obligated service provider and accept them.
Link to a list of service providers with terms and conditions. Service provider