General terms and conditions
The tickets in the app are provided by Schweizerische Südostbahn AG (referred to below as „SOB“). Therefore, SOB appears as the legal entity in the general terms and conditions of business (referred to as „T&Cs“ below).
These T&Cs govern the relationship between customers and Schweizerische Südostbahn AG for the following services sold via the TCS-app:
(i) The purchase of electronic tickets for public transportation services and other mobility -related services such as offers for taxis, car sharing, accommodation, meals or entertainment prior to departure (referred to as „Tickets“ below).
(b) The data protection and privacy declaration from SOB comprises an integral part of these T&Cs.
(c) The business transaction between the customer and SOB is subject only to the T&Cs. Guidelines which are in conflict with or deviate from the T&Cs do not apply. These T&Cs also apply exclusively and integrally if SOB processes an order with knowledge of conflicting terms and conditions or deviations reserved.
(d) Should individual provisions of the T&Cs be or become partially or wholly invalid, the validity of the remaining provisions remains unaffected. The respective statutory regulations will stand in place of the invalid provisions.
2. Purchase and use of tickets
(a) Prior to trip departure (the actual time of departure) or making use of other services, the ticket must be purchased. It can either be loaded on the customer’s mobile telephone (as a digital ticket) or printed out (using the print@home function).
(b) The customer can purchase multiple tickets for personal use and for other people. For the purchase of digital tickets via the app, this is only possible if all persons travel together or use the service together.
2.2. Validity and use
(a) The tickets are fundamentally personal in nature and non-transferable.
(b) The tickets are valid only in combination with a valid official identification in the name of the traveling person(s) (such as a passport, identity card or driver’s license) and/or together with the half-fair or general travelcard issued to the corresponding person(s). The customer is responsible for carrying further authorization documentation required in accordance with the applicable rules on fares (such as cards for minors or grandparents).
(c) The ticket is valid according to the rules on fares for transport companies or the terms of the contract for other third-party providers and provides the authorization to use the specified transport or other services thereon. The claim of the customer is directly against the transport company or other third-party provider respectively.
(a) The ticket must be shown upon demand by inspection personnel.
(b) With digital tickets, the mobile telephone must be usable during the entire trip and be equipped with a SIM card.
(c) Printed tickets must be full size (not scaled) during the entire trip on normal white A4 paper (portrait format) not previously used for printing, with a resolution of at least 600 dpi.
(d) Tickets which are illegible or not easily readable are invalid. A ticket which is illegible or not easily readable has the same consequences as if no ticket had been validated. These consequences derive from the rules on fares for the transport companies or the contract terms of the other third-party providers respectively.
2.4. Changes, reimbursement and exchange
(a) Tickets are fundamentally not permitted to be changed, reimbursed or exchanged. Exceptions to this are according to the rules on fares for the transport companies or the contract terms of the other third-party providers respectively.
3. Limitation of liability
(a) The liability of SOB is excluded for indirect and consequential damages such as loss of profit, lost savings or claims of third parties. This liability disclaimer does not apply with deliberate or grossly negligent causation of damages, personal injury insofar as mandatory product liability provisions apply or liability ensues under other mandatory statutory provisions.
(b) SOB is not liable for damages which arise in conjunction with
(i) malfunctions in conjunction with the processing of ordered transportation or other services not provided by SOB itself;
(ii) malfunctions of the Internet or of communication facilities;
(iii) transmission errors outside the sphere of influence of SOB, or
(iv) unauthorized access to customer data by third parties insofar as and to the extent that the protective measures undertaken SOB are appropriate to the circumstances.
(c) SOB is entitled to cease or interrupt operation of the app outside of usual operating times for public transportation without prior notice and during usual operating times with sufficient prior notice.
4. Prices and terms of payment
(a) The specified prices are final prices and include the valid statutory VAT and shipping costs in each case.
(b) Payment can be made by credit card. The credit card account will be charged upon successful conclusion of the contract.
(c) SOB issues invoices and credits only in electronic form.
5. Changes to prices
(a) SOB reserves the right to change the selection and description of the transport and other services and goods offered, including their prices, at any time.
(b) The prices and information listed at the time of the order always apply.
6. Changes to the general terms and conditions of business
(a) SOB reserves the right to modify the T&Cs at any time. The customer will be notified of changes in advance. If the customer does not accept the changes, the customer will no longer be permitted to use the app.
(b) The information which SOB uses to operate the app, in particular timetable information, is provided to SOB by third parties. SOB provides no warranty that this information is correct and complete.
7. Choice of law and jurisdiction
(a) The T&Cs are subject to Swiss substantive law, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (the „Vienna Convention“). The sole jurisdiction for disputes arising from or in conjunction with these T&Cs is St. Gallen, Switzerland. SOB is also entitled to sue the customer at the customer’s usual location.
(b) This clause regarding the choice of law and jurisdiction does not apply to the extent that and insofar as the customer (i) is a consumer in the sense of Swiss legislation or in terms of another legal system and (ii) can, according to the relevant legal system, invoke the mandatory resort to another law and/or the competence of another court.