1. Scope of application
By accessing and using the online booking platforms mentioned in Point 1, the customer acknowledges and agrees to be bound by the General terms and conditions (GTC).
These General terms and conditions (GTC) govern the contractual relationship between you as a customer and the provider/agent Rhaetian Railway Inc, Bahnhofstrasse 25, 7001 Chur, Switzerland, for all orders placed on the following online booking platforms and the associated apps:
other RhB URLs and any white label shops of Rhaetian Railway Inc (RhB)
RhB reserves the right to amend these GTC at any time without prior notice. The version used at the time of booking (request for contract conclusion by the customer) is definitive.
2. RhB as an agent with a collection mandate
The customer books shopping cart items on the online booking platforms and the associated apps. Unless explicitly stated otherwise below, RhB acts exclusively as an agent with a collection mandate for each individual item. RhB procures services from various service providers. The contractual party of the customer and thus the party responsible for the fulfilment of the booked service is exclusively the respective obligated or booked supplier or service provider.
The offers can be put together as individual components (e.g. public transport services, accommodation, local events) to create a complete shopping cart tailored to the customer’s needs. RhB shall not be liable for the correct execution of the individual service or delivery unless it itself acts as a supplier or service provider. Furthermore, RhB is not liable for the composition of the shopping cart or for the coordination of the individual items (in terms of time, location, etc.). The customer can only refer to the brokered contract and the applicable terms and conditions of business with the direct provider (e.g. railway company, hotel, etc.). The customer is obliged to read up on the specific applicable terms and conditions of the direct suppliers. Should the customer be made aware of other contractual provisions here or elsewhere on the online booking platforms, this is for information purposes only. This does not oblige RhB in any way.
3. RhB as a distribution partner for public transport services
3.1 Purchase of tickets and reservations
RhB acts as a distribution partner and sells tickets and reservations for public transport services to customers.
3.2 Registered companies for public transport services as service providers
In the event of cancellations, customers can contact Railservice (RhB) using the following contact details: firstname.lastname@example.org.
The following cancellation conditions apply to the customer.
3.3 Cancellation of public transport services
In the case of the cancellation of public transport services, the fare rules for the national public transport system or the applicable fare rules of the respective transport association apply.
4. RhB as an agent for package tours
4.1 Booking package tours
If the customer books shopping carts that fall under the current Federal Act on Package Tours, they will be informed during the booking that this is a package tour. Unless otherwise stated, this is considered a single trip.
4.2 Cancellation of package tours
The following terms and conditions of cancellation apply to the cancellation of package tours:
up to 2 weeks before the start of the trip - no cancellation fee
up to 1 week before the start of the trip - cancellation fee of 40% of the total price
up to 48 hours before the start of the trip - cancellation fee of 70 % of the total price
less than 48 hours before the start of the trip - cancellation fee of 100% of the total price
In the event of a cancellation, the customer must contact RhB’s after-sales service. This is provided by Rhaetian Railway Inc (RhB) and can be reached at the following e-mail address: email@example.com.
5. RhB as an agent for individual services
5.1 Booking individual services by other service providers
If the customer books individual services from other service providers (e.g. cableway tickets, concert tickets, local events and other leisure services), RhB shall act as an agent for these services. Customers conclude their contracts directly with the service provider. Point 9 lists the GTC of various service providers. These take precedence over and apply additionally to the General terms and conditions of graubünden360. If no separate General terms and conditions for the offers of the individual service provider are listed under Point 9, these General terms and conditions shall apply exclusively.
5.2 Cancellation of individual services by other service providers
In the go.graubuenden.ch online shop itself, it is not possible for customers to cancel individual services provided by other service providers. The cancellation terms of the respective responsible service provider shall apply. In the event of a cancellation, the customer or service provider must contact RhB’s after-sales service. This is provided by Rhaetian Railway Inc (RhB) and can be contacted using the following contact details: firstname.lastname@example.org.
The service providers and their General terms and conditions (GTC) are listed in Section 9 – the Addendum. If GTC are not mentioned or the cancellation terms are not visible in the GTC, the following cancellation terms shall apply:
up to 2 weeks before provision of service - no cancellation fee
up to 1 week before provision of service - cancellation fee of 40% of the total price
up to 48 hours before provision of service - cancellation fee of 70% of the total price
less than 48 hours before provision of service - cancellation fee of 100% of the total price
6. General provisions
6.1 General contractual conditions
In accordance with the GTC, RhB does not guarantee the continuity or unrestricted availability of the online booking platforms. Any liability claims against RhB for the consequences of interrupted booking processes or non-submission of reports are therefore excluded. Particular attention was paid to the user-friendliness of the user interface. The customer is responsible for the correct operation of the website. The customer is responsible for the consequences of operating errors.
6.2 Conclusion of contract, prepayment, e-mail correspondence
The online booking platforms are primarily intended for European countries (Switzerland, EEA countries). RhB does not guarantee access to the platforms from outside this region. The offers published by RhB do not constitute contractual offers.
If the customer orders the shopping cart on the online booking platforms, this constitutes a request to conclude the contracts in accordance with the individual shopping cart items. The request is always rejected for the entire shopping cart, even if the reason for rejection is just a single order item. If payment and services are available, RhB will conclude the individual contracts between service providers or suppliers and the customer step by step (delivery versus payment) as part of its brokerage or distribution mandate. This is done by RhB sending the customer an order confirmation on the website (success page) and by e-mail (acceptance of all shopping cart items) and then definitively debiting the advance payment.
RhB’s reaction to the customer’s request is deemed to have taken place as soon as the corresponding data is transferred to the Internet on the RhB system. The time at which the e-mail is received by the customer or at which the success page is displayed on the customer’s client is irrelevant. The customer is obliged to contact RhB to enquire about the status of his/her reply if need be. The current status of an order can also be viewed in the particular user account.
If orders are placed by customers from countries not listed during the payment process, RhB is unable to accept them, even if the customer can get the automatic platform to perform the responses described above. The contract shall be deemed to have been concluded – if at all – only upon delivery of the goods (shipping items, accessories, etc.) or upon actual use of the service.
The transmission of e-mail messages over public networks is asymmetric and prone to failure, is unprotected and can be intercepted, read and modified by third parties. In addition to the content, the sender and recipient of the e-mail can also be identified by third parties. This also applies to e-mails used in communication with RhB. RhB is authorised by the customer to send him/her e-mails. RhB is not liable in any way for damage resulting from the defective, disrupted or spied-out transmission of an e-mail. These provisions apply mutatis mutandis to other unprotected forms of communication that are comparable in terms of their functions and risk situation and that are being used currently or will be used in the future.
Any messages sent to addresses specified by the customer or previously used successfully in dealings with RhB (specifically e-mail addresses) shall be deemed to have been duly delivered. In the case of e-mails, the time of delivery is deemed to be the time of departure from RhB. In postal correspondence, until proven otherwise, it is assumed that letters with priority delivery are also delivered abroad no later than four days after being posted at a Swiss post office.
6.3 Price, terms of payment
The price to be paid by the customer is calculated as the total price shown in the shopping cart in Swiss francs (CHF). Unless expressly stated otherwise, this price includes taxes and duties, in particular the relevant legally valid Swiss value added tax. The total price depends on the individual arrangement and may therefore differ from the standard prices (“from EUR ...,” foreign currency figures). Prices are subject to change at any time. The customer must ensure that the shopping cart shown is still up to date. Once the order process has been initiated, the customer is shown a summary of his/her request. The prices contained therein are accepted by the system as unchangeable for 15 minutes, after which the customer must re-initiate the order process in the shopping cart for his/her own security.
Contracts based on the individual shopping cart items are only concluded after automated prepayment has been made in accordance with the configuration of the online platform. The customer’s order is not processed until RhB is assured of coverage. The customer and RhB bear all fees arising from payment processing themselves.
6.4 Delivery of vouchers/e-tickets and rechargeable data storage media
The confirmation of the order serves as proof of concluded contracts, but cannot be used as proof of entitlement to the service (voucher, ticket, e-ticket). A link on the order confirmation directs the customer to his/her user account, where the customer – depending on the product or service – can download the necessary documents – e.g. the voucher – or load a data medium.
Authorisation rights, vouchers, e-wallets (digital vouchers), tickets and e-tickets must be printed by the customer for their intended use (“print@home”) and are not delivered physically. The duplication/copying, modification and/or reproduction of the authorisation rights is prohibited.
The customer is always responsible for protecting his/her authorisation rights (vouchers) against theft or unauthorised reproduction. The customer must be aware of the fact that non-personal services are awarded to the first person to present the valid document. Subsequent proof that the person in possession of the document is not the same as the person who placed the order/customer is irrelevant for RhB and the service providers arranged by RhB.
Documents printed out by the customer as authorisation rights must be dry, unsoiled, undamaged, uncreased and legible. They may have a barcode that can be checked electronically. Documents must not be folded near the barcode area.
6.5 Framework conditions
RhB has no control over construction measures, emission sources etc. in the vicinity of a specified place and therefore cannot provide any guarantees. Likewise, RhB has no influence on the origin of any guests present, on the general quality of products and services, on the organisation and staging of announced events at the travel destination (unless RhB itself is the organiser) or on further individual options (unless expressly part of the offer). Certain – e.g. physical – conditions are necessary on the part of the customer to be able to take part in individual events and/or use various services. The customer must enquire about this with the service provider; any corresponding liability on the part of RhB is expressly excluded in such cases.
The provisions on cancellation postings are regulated in Sections 3.3, 4.2 and 5.2.
7. Purchasing vouchers
7.1 General vouchers
The customer has the option of purchasing general vouchers for a specific amount of money. By purchasing general vouchers, the holder is entitled to redeem the voucher individually on the online booking platforms for which the vouchers were issued. The terms and conditions for the voucher can be found in the product description of the voucher. The voucher conditions are deemed to have been accepted by the customer upon purchase of the voucher.
7.2 Product and service-related vouchers
The customer has the option of purchasing product- or service-related vouchers if there are corresponding offers available. By purchasing these vouchers, the holder is entitled to redeem them for certain products or services. These redeemable products and/or services as well as the voucher terms and conditions can be found in the product description of the voucher. The voucher conditions are deemed to have been accepted by the customer upon purchase of the voucher.
7.3 Special vouchers
The customer has the option of purchasing special vouchers if there are suitable offers. These vouchers offer the customer additional benefits through special offers that can be taken advantage of when redeeming the voucher. With the purchase of special vouchers, the holder is entitled to redeem the vouchers for certain products or services on individual terms that are advantageous to the customer. Both the individual and general voucher conditions can be found in the product description of the voucher. They are deemed accepted by the customer upon purchase of the voucher. Special vouchers cannot be combined with other promotions.
The purchase of special vouchers by companies and resellers is prohibited. The offer is therefore only valid for end consumers.
8. Special provisions
RhB is not liable for damage in connection with excursions or events that the customer books themselves while the service is being provided “on site”. This also applies if the relevant documents are kept in an attachment that can be assigned to RhB or are described on the website.
8.2 Applicable law and place of jurisdiction
The contractual relationships of RhB and its customers (clients, buyers), including the issue of the conclusion and validity of the contract, are governed by the law of the country in which the contractual performance takes place. The registered office of the relevant service provider or RhB is decisive for determining the place of jurisdiction.
8.3 Severability clause
Should one or more provisions of these General terms and conditions be or become wholly or partially invalid or unlawful, this shall not entail the invalidity of the entire contract.
The invalid or unenforceable provision shall be replaced by a provision that comes as close as possible to the economic purpose of the invalid or unenforceable provision.
9. Addendum: list of service providers
The contract for the performance of services is concluded between the customer and the respective service provider. Should the customer have any questions about the performance of the contract, the customer must contact the responsible service provider directly. The following sections provide a list of service providers and, if available, a link to their applicable contractual terms and conditions. If these are not available here, the customer must request and accept them from the obligated service provider.