General Terms and Conditions of RailAway AG for groups and schools.
These General Terms and Conditions for groups and schools (groups of 10 people or more), hereinafter referred to as “GTC for Group Travel”, govern the following legal relationships between you as a group traveller and RailAway AG, Lucerne, as a travel agent or tour operator.
1.1 A tour operator’s contract refers to a combination of at least two tourist services or travel services for a single overall price, with the trip not lasting longer than 24 hours and not including any overnight stays/accommodation.
1.2 Unless otherwise agreed in writing with the booking office, these GTC apply to all package tour contracts, tour operators’ and travel agents’ contracts that you conclude with RailAway AG, Lucerne. The final description of the booked trip may include other notes and conditions that also form part of the contract.
1.3 For groups and schools, the minimum number of participants is 10. If this number is not reached, or if due to cancellations etc. the number falls below 10, then the normal prices for individual travellers will apply.
2.1 Registration must be completed at least two working days before the trip, and for leisure offers, at the latest six working days before the trip.
2.2 Our booking offices are only able to accept special requests if they are designated as non-binding. Special requests and additional agreements only form part of the contract if they have been confirmed by the booking office in writing and without reservation.
2.3 The contract between you and RailAway AG is concluded as soon as your registration is unreservedly accepted by the booking office. If you book by phone, the contract comes into effect with the verbal agreement of the booking office. In the case of bookings over the Internet, the contract comes into effect once the service has been paid for.
3.1 The person making the booking is liable for the payment of all services booked. If the contract is signed in the name of a school, association or other corporate body, then the sponsor of the school or, in the case of associations and other corporate bodies, the legal representative is liable for paying for the services booked. If the school’s sponsoring body or the legal representative refuses to pay, then the person making the booking is liable for the payment.
3.2 The person making the booking is responsible for ensuring that their fellow travellers comply with all the conditions for travel, that these “GTC for Group Travel” apply to all participants, that they follow the instructions of RailAway AG and the service providers and, in the case of trips abroad, carry the necessary personal identification with them and comply with all entry and other requirements.
3.3 In the case of trips abroad, the person making the booking will 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 conditions for Swiss citizens and for citizens of the EU and EFTA states as soon as possible. Participants of other nationalities should contact the relevant consulate for information. The person making the booking is responsible for ensuring that visas etc. are obtained in good time. If the necessary travel documents (passport, visa, etc.) are not issued, or are issued too late and the trip has to be cancelled or postponed, the provisions in section 6 apply.
3.4 Participants undertake to handle carefully any sports equipment etc. that they are given and to return it in accordance with the contract. The participants themselves are liable for any damage, unless they can prove that they were not responsible for causing it. It is recommended that such equipment is checked for any defects when it is received, and a complaint made then if necessary.
3.5 Participants are themselves responsible for complying with the road traffic and FIS rules.
4.1 The services provided by RailAway AG are derived from the relevant brochure, these “GTC for Group Travel” and your contract with RailAway AG. We will confirm to you in writing the details that are binding.
4.2 The prices displayed online and in the brochure refer to the leisure activity.
4.3 An increase in the contractually agreed price may be justified by an increase in taxes on certain services or a change in exchange rates and will be disclosed no later than three weeks before the trip. If the price increase is more than 10%, the traveller has the right to cancel the contract free of charge by sending a registered letter within five days of notification.
4.4 All prices include VAT.
5.1 A deposit of CHF 150 must be paid when the booking is made or, in the case of a telephone booking, within three days of receipt of the confirmation.
5.2 It is possible that for certain offers a deposit may have to be paid. Details can be found in the relevant trip description.
5.3 If the deadlines for payment are not adhered to, RailAway AG has the right to withhold its services, withdraw from the contract and demand the handling fees and cancellation charges described in section 6.
6.1 If you wish to change the travel schedule or the number of participants or cancel the trip, you must inform your booking office immediately and return any original travel documents you have already received. The booking office will confirm the change or the cancellation to you in writing.
6.2 Group travellers can postpone the leisure activity to another date up until the day before, unless requested otherwise by the leisure activity partner. You must inform the booking office by 11 a.m. the day before and agree on a new date. You can postpone the date twice for free. From the third postponement, the normal cancellation conditions apply.
6.3 Once the booking has been confirmed or accepted by RailAway, a handling fee of CHF 10 will be charged for any changes to the itinerary, reduction in the number of participants, partial cancellations or postponement of the travel date.
6.4 If the customer completely cancels the leisure activity, RailAway will charge the following cancellation costs, in addition to the handling fee:
a. 10 – 6 days before the start of the trip: CHF 150
b. 5 – 2 days before the start of the trip: 50%*, no less than CHF 150
c. 1 – 0 days before start of trip: 80%*, no less than CHF 150
d. No show: 100%*, no less than CHF 150
*of the total amount of the confirmed trip. If, as a result of the cancellation of certain participants, the total number no longer reaches 10, the same prices are charged as for individual travellers. In the case of cancellation of transportation services only on scheduled trains, chair lifts, ski lifts, etc. during normal operating hours, the cost of the unused services will be refunded, provided that in the event of a full or partial cancellation or a reduced number of participants, the tickets are returned to the booking office before the agreed start date of the trip, or else the actual number of participants is confirmed in full by the railway and by the contracting partners (in the case of a reduced number of participants). In this case only the handling fee of CHF 10 will be charged.
6.5 The cancellation charges are calculated from the date on which the booking office received notification of the change.
The number of participants can be changed for free up to 30 minutes before the journey. Any travel documents are then to be presented at the booking office. However, if all registered individuals do not travel, a refund can be claimed retrospectively with an excess of CHF 10 per request (exceptions apply for some private railways). The number of participants must be verified by the train crew. In case of total cancellation of a T600 GTNB group ticket, a fee of CHF 10 will be charged (before or after the trip).
8.1 RailAway AG expressly reserves the right to change prices and descriptions in brochures, leaflets, flyers, the electronic media, etc. before your booking is made. You will be told about these changes when you book.
8.2 Changes after booking and before the start of the trip:
a. Prices can be increased 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 increased or new ones introduced, or as a result of exchange rate changes. The agreed travel prices will be increased accordingly.
b. RailAway AG reserves the right to change the schedule or specific services if this proves necessary for reasons of force majeure, or unforeseeable or unavoidable circumstances. RailAway AG will endeavour to provide an alternative service of equivalent value. The booking office will inform you as quickly as possible of such changes and their effect on the price.
8.3 RailAway AG reserves the right to change the schedule during the trip if this proves necessary for reasons of force majeure, or unforeseeable or unavoidable circumstances. Additional costs will be covered by the traveller, unless RailAway AG is responsible for the change.
8.4 Cancellation or interruption of the trip by RailAway AG:
a. RailAway AG is entitled to cancel or interrupt the trip if participants give them good reason to do so through their actions or failure to behave properly, and reserves the right to charge a handling fee and cancellation costs pursuant to sections 6.3 and 6.4. If the trip is interrupted, there will be no reimbursement of the unused travel services.
b. RailAway AG is entitled to 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 reimburse the price already paid, to the exclusion of any further claims. If the trip is interrupted, the cost of the unused services will be reimbursed, unless RailAway has been invoiced for these services by the service providers.
9.1 Complaints about lack of compliance with the terms of the travel agent’s or tour operator’s contract must be made in writing to the relevant service provider within 30 days of the end of the trip. In the event of a complaint being made in situ during the trip, the service provider in question will try to find an appropriate solution.
10.1 RailAway AG, Lucerne, is liable to the individual traveller under the travel agent’s contract only for proper execution of the task. RailAway AG, Lucerne cannot be held liable for ordinary negligence, personal fault of the individual traveller, third-party fault or force majeure. The relevant organisers or service providers are solely responsible for the proper execution of the trip and/or the service in question.
10.2 Under a tour operator’s contract, RailAway AG, Lucerne, is liable for the proper execution of the contract in accordance with the relevant legal requirements. RailAway AG, Lucerne cannot be held liable for ordinary negligence, the group traveller’s fault, third-party fault or force majeure.
10.3 The participating transport companies accept direct liability within the scope of their statutory civil liability.
10.4 If RailAway AG is liable for damage caused by a contracted company, the injured party assigns its claims for damages against this company to RailAway AG.
11.2 When booking a group ticket or a group combined offer, your address details will be entered into the SBB seat reservation system. These data are held in the CRM system of RailAway AG and may not be used for marketing purposes without your consent.
11.3 The contact details that you submit to RailAway AG for participation in competitions may be used for marketing purposes by RailAway AG. No correspondence will be entered into about the competition. The draw is held in camera. There is no right of appeal. Winners will be notified in writing. Employees of SBB AG and RailAway AG are excluded from taking part.
12.1 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.
12.2 The sole place of jurisdiction is the city of Lucerne, Switzerland.
© RailAway AG, Lucerne, January 2023