1.1.

The present General Terms and Conditions apply to all products and services of SBB’s Passenger Division obtainable online at the websites of SBB AG and govern the purchase of tickets for business trips from the SBB business portal sbb.ch/en/business. Access to SBB Businesstravel is restricted to corporate customers' employees, who alone may use it to purchase tickets. Tickets may not be purchased for private use. All tickets must be paid for by the corporate customer. Tickets must not be resold to or traded with third parties or other companies. Overriding terms or terms that deviate from the General Terms and Conditions shall apply only after SBB AG has expressly confirmed this in writing.

1.2.

The present General Terms and Conditions supplement the current version of special terms applicable to specific products and services.

1.3.

Prices, products, ordering conditions and terms of delivery are all subject to change without notice.

1.4.

Furthermore, the general fare rules for Swiss passenger transport, the rules of the relevant integrated travel systems and international tariff regulations will apply unless the following provisions stipulate otherwise. These rules are available for inspection at any staffed station and can also be viewed here.

2.1.

SBB AG reserves the right to amend or update the order/delivery terms or the product range, or to limit quantities supplied, until such time as it confirms the order. Such changes shall take effect as soon as they appear on the websites of the Passenger Division of SBB AG.

2.2.

Certain products and services cannot be accessed or delivered outside Europe (Switzerland and EU) or be made available in the form of Online Tickets. The special conditions for the individual products and services must be borne in mind. 

3.1.

Tickets may be purchased via the websites of the Passenger Division of SBB AG in the following ways:

• by booking tickets online and receiving them by post
• by booking tickets online and receiving them as Online Tickets that the customer can print out him/herself (section 7)
• by printing out and signing an order form and sending it to the SBB Contact Center, and receiving the tickets by post

3.2.

To order products and services through a website of SBB AG, prior one-time registration is required.

4.1.

All SBB AG offers are non-binding. A contract between the customer and SBB AG is only deemed to have been concluded if the customer issues an order which SBB AG has accepted.

4.2.

The customer places the order online by completing the order form which SBB AG makes available on the Internet. SBB AG confirms acceptance of the order by sending a confirmation by email.

4.3.

From that point on, the order may no longer be cancelled. As the service is rendered immediately, the customer is not entitled to withdraw from the purchase, i.e. there is no right of revocation (not to be confused with a possible right to refund and exchange of tickets as set out in section 10). The provisions of the law on package tours (Pauschalreisegesetz) shall in any case apply.

4.4.

Once the agreement has been concluded by the issuing of a confirmation by SBB AG, these terms and conditions are deemed to have been accepted by the company.

4.5.

However, SBB AG reserves the right to decline the customer's order without stating reasons and to block the user's account, and will do so in any case in the event of improper use, suspected improper use, non-payment of invoices or the use of invalid credit cards.

4.6.

The contractual relationship with the business portal will come into force as soon as SBB AG has accepted the corporate customer's registration, but no later than when the corporate customer uses services from SBB Businesstravel. SBB AG reserves the right to decline orders. The services may be terminated in writing by either of the parties at the end of a month subject to three months' notice.

5.1.

Following confirmation of an order, the products and services ordered – other than Online Tickets – shall be sent to the customer by post at his or her own risk.

5.2.

SBB AG does not charge any shipping costs for items sent by post to addresses within Switzerland. For items sent abroad (other than Online Tickets sent electronically), shipping costs are charged. The amount charged is displayed during the purchasing process.

5.3.

Times and deadlines stated by SBB AG are non-binding other than in those exceptional cases where a binding delivery date is stated. Customers are not entitled to any compensation for items that do not arrive at the times stated. If an item does not arrive on the day requested, the purchase amount will not be refunded.

6.1.

Products and services can be purchased via the websites of SBB AG's Passenger Division as of 3 months before their first day of validity at the earliest; other than in the case of Online Tickets, they can as a rule be purchased not later than 3 working days before their first day of validity (8 days for items sent abroad).

7.1.

Online Tickets are displayed directly on the computer screen in PDF format and should if possible be printed by the customer him/herself using Acrobat Reader. They are valid only if printed in portrait format and 100% size on white A4 paper using an ink-jet or laser printer. Smudged or incomplete print-outs will not be accepted (section 7.7).

7.2.

With certain offers, Online Tickets are subject to different conditions from those applicable to tickets bought at SBB ticket offices or ticket machines. 

7.3.

The Online Ticket is personal and non-transferable. It may only be used together with an official and valid identity document (passport, ID card or driving licence) or a valid SBB travelcard (Half-Fare or GA travelcard) bearing the customer’s name. The customer must present the identity document and/or travelcard to the train crew together with the Online Ticket without being asked to do so. 

7.4.

As part of the Online Ticket procedure, the data relating to the booking is stored in an encrypted certificate which is also contained in the computer printout. When the ticket is inspected on the train, the certificate is read into a checking device which decrypts the certificate and displays the ticket-related data. The checking device stores a set of control data which are compared with the Online Ticket booked.

7.5.

Fraud involving Online Tickets (e.g. illicit multiple use or forgery of an Online Ticket) is regarded as travel without a valid ticket. The passenger's personal details will be recorded and he or she will have to pay a supplement in addition to the fare. SBB reserves the right to bring criminal charges. SBB AG reserves the right to decline the customer's order without stating reasons and to block the user's account, and will do so in any case in the event of improper use, suspected improper use or the use of invalid credit cards.

7.6.

Use of a smudged or incomplete Online Ticket printout is also regarded as travel without a valid ticket. In such cases, the customer will be required to pay the fare plus a supplement. A written application may be made to the SBB Contact Center (section 16.1) for a refund of the additional fare paid (but not of the supplement), less a handling fee. The Online Ticket and the receipt for the additional fare paid must be enclosed with the application.

7.7.

The corporate customer will be advised in writing of any improper use. The corporate customer will bear joint and several liability to SBB AG for improper use of Online Tickets unless it can prove that it is not at fault.

8.1.

The prices of products and services may be found in the description of the offer or in the order dialog on SBB AG websites and – unless stated otherwise – are identical with those at SBB sales outlets.

8.2.

Unless otherwise specified, the prices stated are per person in Swiss francs (CHF), calculated according to distance and class of travel, and include the applicable Swiss VAT.

8.3.

Purchases through the business portal are discounted as follows:

8.4.

The discount will be calculated on 31 December every year on the basis of sales during the preceding 12 months and will apply to the following contractual year. No discount will be offered in the first year of the contract. The total discount due will be credited back to each account centre.

8.5.

Tickets purchased at a booking office, ticket machine, on the train or for private purposes are excluded. Tickets cannot be added retrospectively. Integrated travel system passes and travelcards, multipacks of 1-day travelcards, special promotional tickets and group tickets are not eligible for a discount.

9.1.

Sole traders may only pay by credit card. Orders placed on websites operated by the SBB Passenger Division may be paid for using a valid credit card (Visa, MasterCard, American Express, Diners Club, Air Plus, JCB) by entering the credit card number and expiry date in the relevant fields in the order dialog.

9.2.

Selected customers may be invoiced for payment by direct debit from a post office or bank account. 

9.3.

SBB AG reserves the right to charge interest in arrears of 5% in the event of delayed payment.

10.1. 

Refunds can be obtained from the Business Travel Service Center in Brig. No refunds are given at ticket offices. The travel centre or invoice centre manager collects together the tickets concerned and sends them with the reimbursement application form provided (in Businessmanager under Support and Service) to the address specified on the form: SBB Contact Center, Business Travel Service Center, P.O. Box 176, CH-3900 Brig.

10.2. 

Vouchers for ticket refunds can only be issued using the same means of payment as was used for the purchase. Exception: Compensation through passenger rights are credited to employees of the contracting party (see no. 12.6). 

10.3. 

Refunds on tickets for services within Switzerland must be claimed within one year of expiry of the validity period. Refunds for tickets for international services must usually be claimed within 1 month of expiry of the validity period (TGV Lyria 2 months). In some cases, the deadline for claiming a refund may be shorter, or a refund may not be possible at all, depending on the train and country concerned.

10.4. 

The provisions of Tarif 600.9. "Changes" apply.

11.1.

SBB complies with data protection and telecommunications law in all its dealings with personal, customer and company information and also observes the fare regulations for direct services. The corporate client acknowledges that it may receive advertising unless it specifically withholds consent in this regard.

11.2.

The corporate client acknowledges that transport companies or commissioned third parties that have been mandated to monitor (electronically) issued tickets or travelcards and to create distribution models may process personal, customer and company information.

12.1.

The customer is expressly requested to take every precaution to protect its personal data (particularly registration data, user names and passwords). SBB AG will not be liable for losses suffered by the customer as a result of improper use or loss of this data.

12.2.

Irrespective of technological advances in general, SBB AG is entitled to improve the existing technology, to change it or to switch to a different technology at any time, without the customer being able to make any claims in this regard.

12.3.

Liability will not be accepted for indirect losses, consequential losses, losses arising from the loss of or damage to data, loss of profit, loss of sales, loss of corporate value or loss of potential savings. Owing to the technical characteristics of the Internet, SBB AG cannot guarantee the permanent availability of all booking modules on websites operated by its Passenger Division and accepts no liability for disruptions to the ordering or order handling process, particularly arising from or in connection with the non- or delayed execution of orders. The customer has no individual entitlement to a reduced or promotional price if technical problems render the system unavailable until after the sales period has expired.

12.4.

Liability in respect of the business portal is assumed for proper, careful performance of the services. ¬ SBB undertakes to maintain the availability of the business portal throughout the term of this contract in order to facilitate the purchase of tickets. The corporate customer will be informed in good time of work on the business portal which may temporarily restrict the purchase of tickets, so that appropriate alternative purchasing arrangements may be made. Liability will be limited to actual, direct losses up to a maximum amount of CHF 100,000.

12.5.

Moreover, to the extent permitted by law, SBB shall accept no liability.

12.6.

Moreover, the carriage of the customer, i.e. the performance of the travel service, is subject to the laws and tariffs in force. Refunds for delays are issued in accordance with the provisions of passenger rights (ordinance, article 61). The applicable compensation is credited to the employee of the contracting party and not the contracting party (company).  

13.1.

Should one or more provisions of these General Terms and Conditions be invalid, illegal or otherwise ineffective, the validity of the entire contract or all the conditions will not be affected. The invalid provision will be replaced by the relevant statutory provision.

13.2.

SBB AG reserves the right to modify these General Terms and Conditions at any time. The corporate customer will be informed of major substantive changes to the General Terms and Conditions in a suitable form. Where changes are notified, the corporate customer will have the right to serve extraordinary written notice of termination when the new conditions take effect.

14.1.

These General Terms and Conditions are available in German, French, Italian and English. In the event of contradictions, the German version is authoritative.

15.1.

In the absence of other statutory provisions, these General Terms and Conditions will be governed solely by Swiss law. The provisions of the "Vienna Convention" (the United Nations Convention on Contracts for the International Sale of Goods, concluded in Vienna on 11 April 1980) are expressly precluded. This also applies to orders from countries listed in section 2.2.

15.2.

The sole court of jurisdiction and place of fulfilment is Berne (Switzerland).

16.1.

For refund applications:

SBB Contact Center
Business Travel Service Center
P.O. Box 176
CH-3900 Brig

16.2.

Address of the Passenger Division of Swiss Federal Railways:

Swiss Federal Railways SBB
Passenger Division
Gardistrasse 2
CH - 3000 Berne 65