General terms and conditions for using abilio
abilio is a mobile application (referred to below as the „app“) created and operated by Schweizerische Südostbahn AG (referred to below as „SOB“). The responsibility for the app lies with 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 website at https://reiseplaner.abilio.ch (referred to as the „web shop“ below) and/or the mobile application abilio:
(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).
(ii) The ordering of articles of merchandise or publications via SOB (referred to as „Goods“ 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. Additional provision of the transport companies and other service providers
(a) SOB acts solely as the point of payment and agent between the customer and the transport companies or other third-party providers respectively; SOB is therefore not responsible for carrying out the transportation or other services insofar as these are not provided by SOB itself.
(b) For the performance of transportation or other services, in addition to the T&Cs, the contractual terms of the transport companies and other service providers, in particular the rules on fares from the transport companies or fare or transport associations which have the authority to determine rates respectively, apply.
(a) The customer must register and accept the T&Cs and data protection and privacy declaration to use abilio for the first time.
(b) The access data (login and password) are personal and not transferable.
4. Intellectual property; rights of use
(a) All intellectual property, in particular copyrights, for the content of the web shop and the app remain with SOB or the respective rights owner.
(b) SOB grants the customer the personal and non-exclusive right to use the functions of the web shop and of the app as well as abilio in the scope of their intended purpose during said customer’s period of registration.
(c) Contents of the web shop and app are permitted to be printed or otherwise reproduced only for private or internal company purposes respectively. The customer is not permitted to modify the content of the web shop and app, to copy (in particular using automated systems or automated software for data extraction), to send, to pass on, to publish, to license, to use as a frame in a website or to use said content in another way for unlicensed commercial or public purposes beyond the scope of the statutorily allowed authorizations of use.
(d) abilio is a registered trademark. SOB reserves all rights with respect to this trademark.
5. 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.
5.2. 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.
5.4. 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.
6. Ordering goods
6.1. Formation of a contract
(a) By clicking the „Buy“ button, the customer submits a binding order for the goods contained in the shopping cart. The customer is bound to the order for the period of five (5) working days.
(b) Directly after the order is sent, the notification of the receipt of the order will be sent to the customer by e-mail at the e-mail address specified by the customer. The confirmation does not constitute the conclusion of the contract.
(c) A contract is formed as soon SOB either explicitly confirms the order or has delivered the ordered goods.
6.2. Delivery and place of fulfilment
(a) The delivery of the goods ensues by postal mail to the delivery address specified by the customer in the order. Only delivery addresses in Switzerland will be accepted.
(b) The place of fulfilment is the place of transfer to the Swiss Postal Service. SOB is responsible for loss of or damage to the ordered goods up to their arrival at the destination. Furthermore, the customer bears the risk for transport of the goods as of the place of fulfilment.
6.3. Right of return
(a) SOB ensures a voluntary right of return for ordered goods, which can be exercised within ten (10) days after receipt of the goods by return shipment of the ordered goods.
(b) The return shipment of the goods must be to the following address:
Schweizerische Südostbahn AG
9001 St. Gallen, Switzerland
(c) In order for the right of return to be exercised effectively, the goods must
(i) be returned in their original packaging, with the ret urn of sealed data media (such as CDs, audiocassettes, VHS videos, DVDs, PC and video games and software), hygiene articles, cosmetic products, underwear and swimwear being accepted only in unopened original packaging; and
(ii) be complete, undamaged and without traces of use.
(d) The return of goods ensues at the cost and risk of the customer, i.e. the customer also bears the risk of accidental loss of the goods during transport.
6.4. Liability for defects
(a) For material defects, the customer has the right to demand a replacement free of defects according to the requirements of statutory provisions. Claims for reworking or price reduction are excluded. Furthermore, the warranty provisions of the Swiss Law of Obligations apply.
(b) The limitations of liability according to these agreed T&Cs remain reserved.
7. 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 web shop and the app outside of usual operating times for public transportation without prior notice and during usual operating times with sufficient prior notice.
8. 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.
9. Gift certificates
(a) Gift certificates can be redeemed for any order prior to conclusion of the ordering process; later crediting is not possible. The credit balance of a gift certificate will neither be paid out nor subject to interest.
(b) If the credit balance of a gift certificate is not sufficient for the order, the difference can be paid with the payment options offered.
(c) Gift certificates are transferable. In the event that gift certificates are lost, stolen or misused, SOB assumes no responsibility whatsoever.
10. Changes to abilio and 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.
11. 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 abilio.
(b) The information which SOB uses to operate abilio, in particular timetable information, is provided to SOB by third parties. SOB provides no warranty that this information is correct and complete.
12. 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.