General Terms and Conditions of RailAway AG for individual travellers.
These General Terms and Conditions for individual travellers (hereinafter referred to as "GTC") govern the following legal relationships between you as an individual traveller and RailAway AG:
1.1 Depending on the offer booked, you are concluding one of the following three contract types:
1.1.1 In the case of a travel agent's contract, RailAway AG acts as a mere intermediary and not as one of the contracting parties. Travel agent’s contracts are concluded between the traveller and the tour operator.
1.1.2 Tour operator's contracts involve a combination of at least two tourist services or travel services for single overall price, with the trip lasting less than 24 hours or not including any overnight stays/accommodation, as the case may be.
1.1.3 Package tour contracts are contracts under Art. 1 of the Package Travel Act (hereinafter "PTA"). These involve a pre-arranged combination of at least two services of transport, accommodation or other tourist services lasting more than 24 hours in total and offered at a single overall price.
1.2 Unless otherwise agreed with the booking office, these GTC apply to all package tour contracts, tour operator's contracts and travel agent's contracts that you conclude with RailAway AG, of Lucerne. The full advertisement for the booked tour may contain further information and conditions that also form part of the contract. In particular, the general terms and conditions of the respective event/travel organiser apply.
1.3 These GTC are not applicable to contracts for group travel (10 people or more). Special prices and special general terms and conditions apply for groups (10 people or more). These can be obtained from the booking office or accessed online.
2.1 There is a registration deadline for certain offers, which you will find in the respective advertisement.
2.2 Registration is required for certain offers, e.g. guided tours, bike rentals or scooter rides. Please consult the respective advertisements in the offer description.
2.3 The contract between you and RailAway AG is concluded as soon as your registration is unconditionally accepted by the booking office. If you book by phone, the contract comes into effect upon verbal confirmation by the booking office. If you book online, the contract comes into effect on completion of the booking.
3.1 The travel booker is liable for the payment of all services booked. In particular, the travel booker is personally responsible for ensuring that the ticket is not misused. We reserve the right to prosecute.
3.2 The travel booker is responsible for ensuring that their fellow travellers comply with all travel terms and conditions, that these GTC apply to all participants, that they follow all instructions given by RailAway AG and the service providers, that they carry the necessary personal identification if they travel outside Switzerland and that they comply with entry requirements and other regulations. In the case of travel abroad, the travel booker shall provide the booking office with a list of the nationalities of the travellers at the time of booking. The booking office will inform the group of the entry requirements for Swiss citizens as well as EU and EFTA citizens as soon as possible. Participants of other nationalities should contact the relevant consulate for information. The travel booker is responsible for obtaining visas and the like in good time. If the necessary travel documents (passport, visa, etc.) are not issued or are issued late and the trip has to be cancelled or postponed, the terms stated in Section 6 shall apply.
3.3 Participants must treat with care the sports equipment etc. provided to them and return it in accordance with the contract. Participants are liable for any damage unless they can prove the damage occurred through no fault of their own. Participants are responsible for complying with road traffic regulations and the rules of the passenger information system.
4.1 The prices of the individual offers are examples for different customer groups. The prices include the discounted supplementary services as specified (admission, voucher, etc.). Rounding differences may arise.
4.2 For the terms applying to public transport tickets, please consult the SBB GTC.
4.3 All prices include VAT.
For bookings made at the ticket counter or by telephone via the SBB Contact Center, payment is made at the time of booking. For bookings made over the Internet, payment is made via the selected form of payment.
6.1 Standard-fare public transport tickets may be fully refunded or exchanged according to the T600.9 fare regulations (leisure offer).
6.2 Leisure service tickets that have been purchased online cannot be refunded or exchanged.
Exceptions:
6.2.1 Double booking (identical ticket date, surname and first name of the ticket holder; for public transport tickets purchased online, also identical travel itinerary and date of birth).
6.2.2 Leisure service online tickets with an incorrect date, provided that, at the time of the refund, travel to the destination stated on the ticket is no longer possible on that day according to the timetable. This also applies to leisure services that can no longer be used at the time of the refund. Refunds can only be made if it can be proven that the correct ticket was subsequently purchased.
6.2.3 In the event of a rebooking, the difference in price of the ticket purchased on-site will not be refunded.
6.2.4 Proven inability to travel (traveller’s illness or accident, or death of an immediate family member).
6.2.5 Proven unavailability of part of the service because the relevant service provider failed to provide the service at short notice for technical or objectively explicable reasons; the refund/exchange shall be made by the service partner (e.g. due to route closures, site closures due to weather conditions).
6.2.6 Forgotten/lost online tickets/RFID card (SwissPass), route subscription: If you have forgotten your leisure service online ticket/RFID card, Half-Fare or GA Travelcard or the route subscription ticket, you have to purchase a new ticket on-site at the normal price. The difference in price of the ticket purchased on-site will not be refunded. You can obtain a refund for the unused ticket for the leisure service by completing and submitting a refund request form. A copy of the new ticket must be enclosed with the refund request form.
6.2.7 Refunds of multi-day offers that are proven not to have been used in full (e.g. 2-day ski pass only used for 1 day) are handled by the service partner or by the customer's own insurance.
6.3 Deadline for claiming refunds
If one of the reasons for refund specified under ‘Exceptions’ applies, online tickets may be refunded up to 30 days after the last day of validity for the leisure service, provided that pertinent documents are submitted together with the refund request (as proof of the exception). Public transport online tickets are subject to the SBB GTC. Please note that RailAway AG may charge refund fees.
6.4 Submission of refund application.
Refund applications must be submitted directly through the relevant point of sale: Bookings made at the ticket counter can be refunded at the ticket counter. For bookings made on freizeit.sbb.ch and sbb.ch/freizeit, refund requests must be submitted using the refund form.
7.1 If you wish to change the travel schedule, the number of participants or cancel the trip, you must inform your booking office immediately and return any travel documents you have already received. Cancellation of individual services of other service providers by the customer is not possible in the online shop.
7.2 A processing fee of CHF 10 will be charged in the event of any change to the travel schedule, a reduction in the number of participants, or the cancellation or postponement of the date of travel. Changes, cancellations or refunds are not possible for offers purchased online. Please consult Section 10: ‘Special conditions for online purchases’. If one of the grounds for refund specified under ‘Exceptions’ applies, leisure services (e.g. admission tickets) may be refunded within 30 days of the expiry of the validity period. RailAway may charge refund fees. Refunds of public transport tickets are subject to the SBB GTC.
7.3 The date on which the booking office received notification of the change and the reason for the refund are decisive for calculating the cancellation charges.
7.4 Online purchases are subject to the provisions of Section 11 «Special conditions for online purchases».
8.1 RailAway AG expressly reserves the right to change prices and descriptions in brochures, flyers, electronic media, etc. before your booking is made. You will be notified of these changes when you book.
8.2 Changes after booking before the start of the trip:
8.2.1 Prices may be raised after booking and before the start of the trip if transportation costs rise, state duties (such as taxes, etc.) or fees (such as security charges, etc.) are raised or new ones are introduced, or as a result of exchange-rate fluctuations. The agreed travel prices will be raised accordingly.
8.2.2 RailAway AG reserves the right to change the schedule or individual services if this proves necessary for reasons of force majeure or unforeseeable or unavoidable circumstances. RailAway AG will endeavour to provide equivalent substitute services. The booking office will inform you about such changes and their effect on the price as soon as possible.
8.2.3 For package tours, the following shall apply in the event of price increases as described in Section 7.21 Art. 7 and Section 8 (2) PTA and in the case of substitute measures within the meaning of Section 7.2.2 Art. 13 PTA.
8.3 RailAway AG is entitled to change the travel schedule during the trip if this proves necessary for reasons of force majeure or unforeseeable or unavoidable circumstances. Any additional will be charged to the participants unless RailAway AG caused the change to the schedule intentionally or through gross negligence. For package tours as defined by the PTA, Art. 12 ff. PTA applies.
8.4 Cancellation or interruption of the trip by RailAway AG:
8.4.1 RailAway AG is entitled to cancel or interrupt the trip if participants give good cause to do so through their actions or omissions. RailWay AG reserves the right to charge processing fees and cancellation costs as described in Sections 6.1 and 6.2. If the trip is interrupted, unused travel services will not be refunded.
8.4.2 RailAway AG may cancel or interrupt the trip if unforeseeable or unavoidable events, force majeure (environmental conditions, natural disasters, etc.), official measures, strikes, etc. make the trip significantly more difficult, dangerous or impossible. If the trip is cancelled before it has started, RailAway AG will refund the price already paid. All further claims are excluded. If the trip is interrupted, the cost of the unused services will be refunded unless the relevant service providers would invoice RailAway AG for these services. We reserve the right to collect any additional costs that may be incurred.
8.4.3 For package tours, Art. 10 (4) and Art. 11 ff. PTA apply.
9.1 Any deficiencies in the performance of the tour operator’s contract or the travel agent's contract must be reported in writing to the relevant service provider within 30 days of the end of the trip. If a complaint is made on-site during the trip, the relevant service provider will endeavour to find an appropriate solution.
9.2 In the case of a package tour, RailAway AG, as the tour operator or agent, should also be notified immediately in the same way. For complaints about the performance of a package tour, Art. 12 PTA applies.
10.1 Event tickets.
For admission tickets for events taking place on a set date, the general terms and conditions of the relevant organiser apply. The relevant contractual partner of the ticket purchaser is the organiser responsible for implementing the event arranged by RailAway or for providing the service associated with the ticket. Therefore, the organiser alone decides on the option, conditions and processing of a return, refund or exchange of tickets purchased for events. However, in no case is this RailAway AG.
10.2 Public transport tickets.
Refunds of tickets for public transport outbound and return trips included with the admission ticket are at the discretion of the organiser (full integration).
Reduced-fare public transport tickets, which are only valid in conjunction with an admission ticket, may be fully refunded in the event of the postponement or cancellation of an event according to the T600.9 fare regulations (mobility contributions, leisure offers).
When purchasing online, the General Terms and Conditions of Business for the purchase and use of electronic tickets apply.
11.1 FAQ and contact.
If you have any problems or questions about booking or purchasing tickets online, a comprehensive list of frequently asked questions (FAQ) is available. Direct queries can be submitted via the contact form.
The SwissPass GTC apply.
13.1 RailAway AG is exclusively liable for the due performance of the contract. In all other respects, any liability of RailAway AG is excluded to the extent permitted by law. The relevant organiser or service provider is exclusively liable for the proper fulfilment of the trip and/or the service in question.
13.2 Liability for non-performance or improper performance of the package tour contract is governed by the PTA. In this case, the liability of RailAway AG for losses other than personal injury is limited to double the value of the package tour (see Art. 16 (2) PTA).
In the event of misuse or falsification, the participants or contracting parties hereby take note that the Swiss transport companies are authorised to make the respective (no longer anonymous or potentially sensitive) personal and customer data available to any internal offices affected by such improper use as well as to external transport companies in order to prevent any further improper use. Personal and customer data relating to travellers or contracting parties convicted of criminal offences may also be exchanged with internal and external transport companies, specifically with a view to prevention. Proper access to sensitive personal or customer data in accordance with the data protection laws is guaranteed. RailAway AG reserves the right to evaluate the use of promo codes on a personalised basis.
The SBB Privacy Policy applies.
16.1 The relationship between you and RailAway AG is governed solely by Swiss law. The latest version of the GTC that applies to your contract with RailAway AG can be found on the RailAway AG website.
16.2 The sole place of jurisdiction is the city of Lucerne, Switzerland.