GENERAL CONTRACT AND TRAVEL CONDITIONS OF FLUGBUS.CH

 

1.  Scope and application of the general terms and conditions of contract and travel (in short, “T&Cs”)

These general terms and conditions shall apply to all transport and services used by the operating transport companies via www.flugbus.ch.  In particular, these include the use of the web portal as well as the reservation of journeys and the carriage of passengers on all routes, in accordance with www.flugbus.ch (in short, “journey (s)”).  These journeys are currently operated by transport companies including VBL Transport AG, Bus & Service AG, Heggli AG and Autoverkehr Grindelwald AG.  For the sake of simplicity, these are referred to below as Flugbus.ch, but this refers to the respective transport companies operating on its behalf.

These general terms and conditions of carriage apply in addition to the general terms and conditions of contract and travel of the respective transport companies.  General terms and conditions of customers are not applicable.

2.  Reservation and Conclusion of Contract

The reservation of the journey can be made up to 72 hours before departure at www.flugbus.ch.  The reservation by the customer is valid for himself and, if applicable, for other participants listed in the reservation.  The reserving party is liable for the receipt of payment for all travel participants booked by him.

The tranport services presented online represent a non-binding offer from Flugbus.ch.  By clicking on the ‘book now’ button, a binding reservation is created.

The reservation must be made at least 72 hours before the start of the journey and is only valid in connection with a booked flight.  The reservation must include the customer’s first and last name, address and the flight number of the booked flight.

The contract between the customer and Flugbus.ch only becomes legally binding with the legally valid and unconditional confirmation of the reservation (booking confirmation) by Flugbus.ch, or a sales agency or point of sale.  In the case of sales agencies or points of sale, this can also be done immediately by handing over the booking confirmation.  In the case of an online reservation, the booking confirmation is displayed on the screen and sent to the customer by email.

Flugbus.ch offers the possibility for people with limited mobility to use its service.  This is to be indicated with the reservation.

According to the current state of technological development, it cannot be guaranteed that data communication on the internet will be error-free at all times.  It is not possible to develop and operate software and hardware completely without errors, and to exclude all possible risks in connection with the internet medium.  Therefore, Flugbus.ch cannot guarantee, or assume any liability for, the constant availability of the website and the technical system.  In particular, due to the technical peculiarities of the internet, it cannot guarantee that it will always be possible to make bookings on the internet at all times.  The customer cannot make any claims due to technical problems.

If no internet connection is available, a reservation can be made by telephone, in exceptional cases.  Reservations can also be made with a sales agency or sales outlet.  Reservations onboard the vehicles are not possible.

3.  Prices and price changes

The prices and services offered by Flugbus.ch per person, valid at the time the booking confirmation is issued, are definitive.  Unless explicity stated otherwise, prices are quoted in Swiss Francs, inclusive of tax.  The terms of payment are based on the information on the booking confirmation.

The price refers only to the transport of persons.  Other services, such as the transport of bicycles, animals, additional or special luggage shall be invoiced separately.

The price includes one piece of luggage weighing a maximum of 32kg and one piece of hand luggage for each passenger.  In addition, prams, wheelchairs and walking aids can be transported free of charge by prior arrangement. On the line Zürich – Grindelwald and only during the winter time table one ski/snowboard- and bootbag per person is included.

The following items of luggage can be transported by prior request, and if there is sufficient transport capacity, at an additional charge of CHF 20: extra items of luggage, skis / snowboards, bicycles (in special bag), golf bags, surfboards, musical instruments, diving equipment, animals (only with the explicit permission of Flugbus.ch) etc.

Children and adolescents, up to and including the age of 15, receive a discount on the regular prices.  The child or adolescent must be able to prove his or her age at the start of the journey by means of a valid official identification document.  If this cannot be provided, the reduced ticket cannot be used and a ticket at the regular price for the journey is required.  For the consent of legal guardians, see section 14.

Personal public transport tickets as well as public transport season tickets (half fare cards, general season tickets, tariff association season tickets) are not valid and will not be accepted.

Should there be any changes in the prices for which Flugbus.ch cannot be held responsible (e.g. increase in fuel or toll charges, route changes etc.) we reserve the right to make price adjustments even after the booking confirmation has been issued.  Flugbus.ch will inform the customer of this in good time before the trip.  If a price increase exceeds 10% of the booked price, the customer has the right to withdraw from the contract, free of charge, within five days of the receipt of the notification, at the latest.  Flugbus.ch will reimburse any payments already made, less any third party costs to be paid by Flugbus.ch.

Sales agencies and the sales offices of Flugbus.ch may charge a service fee for the execution of a reservation or cancellation. Flugbus.ch recommends taking out travel insurance.  The recommended insurance is not included in the Price.

4. Payment conditions and methods

The reservation of the trip can be made by different payment methods:

For reservations made online: by advance payment or credit card (Mastercard, Visa), TWINT wallet (only with Flugbus route operated by Bus & Service AG and Autoverkehr Grindelwald), and Postfinance.  Flugbus.ch reserves the right not to offer certain payment methods.
For reservations in distribution agencies and points of sale: payment may be made by all methods of payment offered by these agencies and points of sale.
For reservations by telephone: payment by credit card (Mastercard, Visa), or prepayment.  The invoice must be paid in full before departure, otherwise the customer is not entitled to carriage.

If payment is made by credit card, the customer’s account will be debited.  By paying by credit card, the customer instructs the institution used by him to inform Flugbus.ch of the customer’s name and address upon request, in the event of a chargeback.

Any bank charges incurred in the event of a chargeback shall be borne by the customer.  The customer can be blocked temporarily or permanently for chargebacks from payment by credit card.

If a customer is unsuccessfully reminded of a debt by Flugbus.ch, the claim will be handed over to an external debt collector for processing.  For this purpose, Flugbus.ch may transfer all necessary personal data of the debtor to the debt collecting company.

5.  Tickets

Tickets for the transport service are issued in the name of the customer.  One ticket is generated per booking and per trip.  A ticket is a printed or electronic booking confirmation (PDF file) in connection with a valid official identification document of the customer. When making a reservation, the customer’s first name, last name, address and telephone number must be given.  By comparing the customer’s name with the booking list, it is possible to check whether there is any entitlement to the transport service.

The reservation must be made at least 72 hours before the start of the journey and is only valid in connection with a booked flight.  Entering the vehicle is only permitted with a valid booking confirmation for Flugbus and the flight (booking confirmation of the flight provider).

If a reservation is made by www.flugbus.ch, the booking confirmation will be saved and can be resent to the customer by email if necessary.

Every customer with a valid booking confirmation is entitled to one seat. Passengers with children and persons with reduced mobility are given priority when choosing seats.

6. Cancellation of the journey by the customer / cancellation conditions

The journey can be cancelled by the customer (withdrawal).  In order to cover the administration costs, Flugbus.ch charges a processing fee of CHF20 per person in all cases of cancellation.  Distribution agencies and sales outlets may also charge a handling fee.  The price paid by the customer will be refunded, minus the third party costs to be paid by Flugbus.ch, and the processing fee.

In case of cancellation by the customer 7 days or fewer before the trip, 100% of the price (cancellation costs) plus the handling fee is due to cover the expenses. The date of receipt by Flugbus.ch of the cancellation is decisive.

Taking out cancellation insurance can reduce the cost of cancellation.  This is not included in the services of Flugbus.ch.  Flugbus.ch recommends the customer to take out insurance including medical expenses, accident and luggage insurance as well as cancellation insurance.  The decision on insurance policies is the responsibility of the customer.  If you have any questions, Flugbus.ch will be happy to help.

Should the FDFA and / or the FOPH explicitly advise against travel to a country or region booked by the customer, the customer can withdraw from the contract during a period determined by Flugbus.ch without any processing fee or cancellation costs, and with reimbursement of the price paid, less third party costs to be paid by Flugbus.ch.  If the FDFA and / or FOPH does not explicitly advise against travel to the country or region booked, the contract cannot be cancelled free of charge and the above cancellation provisions apply.

7 Cancellation of the journey by Flugbus.ch

Flugbus.ch reserves the right to cancel a journey at any time for important reasons (e.g. force majeure, war, breakdown of vehicles etc.).

The airport bus on will only operate with a sufficient number of passengers :

Line Lucerne – Zürich airport                          mind. 3
Line Lucerne – EuroAirport Basel                 mind. 3
Line Zürich airport – Grindelwald                 mind. 5

If the minimum number of passengers is not reached, Flugbus.ch reserves the right to cancel the trip at any time.
This does not apply to the Domat/Ems – Chur – Landquart – Zürich airport line.

If a journey is cancelled, customers will be notified as soon as possible.  The price paid will be refunded to the customer, minus third party costs to be paid by Flugbus.ch.  Further claims cannot be made by the customer.

8.  Programme / Timetable change by Flugbus.ch

Programme / timetable changes are sometimes unavoidable.  If a journey cannot be carried out as planned for important reasons (e.g. natural catastrophe, safety reasons, vehicle breakdown etc.), Flugbus.ch will endeavour to provide an equivalent replacement service, subject to the provisions of paragraph 7 above.  If this is not possible, Flugbus.ch can cancel the journey beforehand, and the share of the price for the cancelled part of the journey, less third party costs to be paid by Flugbus.ch, will be refunded to the customer by Flugbus.ch.  Further claims cannot be made by the customer.

If a journey which has already been paid for is changed by Flugbus.ch before the start of the journey, and this results in a reduction in value in relation to the agreed service, the customer will receive a refund of the amount of the reduction in value.  However, if additional costs are incurred as a result of the programme change, this may result in a price increase.  If the price increase exceeds 10% of the originally booked price, the customer has the right to withdraw from the contract without compensation, within a maximum of five days of receipt of the notification.  Flugbus.ch will reimburse the customer for any payments already made, less any third party costs to be paid by Flugbus.ch.  Further claims cannot be made by the customer.

9. Premature termination of the journey by the customer

If the customer terminates the journey prematurely, all costs (e.g. the cost of the return journey) shall be borne in full by the customer.  The price paid by the customer will not be refunded.  This applies to all services not used by the customer.  No claims can be made by the customer.

10. Travel in Flugbus.ch vehicles

The modern vehicles used allow a safe and pleasant journey to all destinations.

Flugbus.ch is entitled not to use its own drivers and vehicles for the execution of the journey, but also hired drivers and vehicles of equivalent standard.  In these cases, the same conditions apply to the customer, and there will be no right to a refund or price reduction.

11. Complaints and claims for reimbursement

All complaints during a journey must be made immediately to the driver. The driver will endeavour to remedy the situation, but will not be entitled to accept claims on behalf of Flugbus.ch.

Claims for refunds must be submitted in writing to Flugbus.ch within 20 days of the end of the journey.  No claims for refunds can be made after this period.  Flugbus.ch makes every effort to process claims for refunds as quickly as possible.

12. Departure

Passengers are advised to arrive at the departure point early, at least 15 minutes before the start of the journey.

The right to carriage shall lapse without compensation if the customer is not present at the place of departure of the booked journey at the scheduled time of departure.

13. General customer obligations

Instructions of the driving personnel must be followed.

The driving personnel are authorised to exclude from carriage persons who are obviously under the influence of alcohol or other drugs, or who are otherwise unfit to be transported.  The same applies to passengers who, for other reasons, endanger the safety of their fellow passengers, or significantly impair their well-being.  In this case there is no right to reimbursement or replacement transport.

Smoking in the vehicles is not permitted, including electronic cigarettes.

The customer is fully liable for any damage he deliberately causes to the vehicle.

Passengers who deliberately or negligently soil the vehicle in the opinion of Flugbus.ch, must pay a cleaning fee of at least CHF 50, to Flugbus*** even if it the passenger’s opinion that the damage did not occur at all or was significantly less costly than the flat rate stated.

Flugbus.ch may expel a customer from the vehicle if the customer behaves in such a disruptive manner despite (verbal) warning that it is no longer reasonable for the driving personnel and / or the other passengers to continue the journey.  This shall also apply if the passenger does not adhere to the factually justified instructions (such as safety instructions).  The passenger is not entitled to any refund, and no claims can be made by the passenger.

Every passenger is required to wear a seatbelt within the framework of the statutory provisions.

The carriage of animals is only possible with reservation and with the explicit prior consent of Flugbus.ch.  For the transport of animals (as with special items of luggage) a fee of CHF 20 is due.

14. Children and minors

Infants and children up to 3 years of age may only be carried in infant seats.  These are to be fastened during the journey with the seatbelts attached in the vehicles. Toddler seats must be fastened with two-point belts and must be provided by the accompanying adult.

Children under the age of 12 must sit in a special child seat if they are smaller than 150cm.  Child seats, complying with the legal regulations, are provided by Flugbus.ch.

Minors under the age of 10 will be carried on all connections, only if they are accompanied by an adult during the journey. A written confirmation of the legal guardian is also required, if not present.

If children are between 10 and 18 years old, they may only travel unaccompanied if a legal guardian has given his / her written consent and confirms that the minor is able to travel alone and unattended.  Flugbus.ch does not assume any duty of supervision of the minor.

15. Liability

As mentioned at the beginning of the document, Flugbus.ch refers to the transport companies undertaking these journeys. Accordingly, Flugbus.ch is never liable under any title.  The respective transport company is liable.  There are no legal agreements between the transport companies carrying out this work.

The respective transport company is liable from the booking confirmation or from the agreed start or agreed / premature end of the journey in accordance with the following provisions.

For personal injury resulting from non-performance or improper performance of the contract by the respective transport company, the transport company shall be liable to the passenger in accordance with the mandatory Swiss statutory provisions.  Any further liability, such as consequential damages, is completely excluded.

In particular, the respective transport company is not liable for damaged, stolen or lost items before, during or after the journey, both inside and outside the vehicle.

Any further liability of the respective transport company is completely excluded to the extent permitted by law.

16. Statute of Limitations

Claims against Flugbus.ch for whatever legal reason shall become statute-barred one year after the contractual end of the journey at the latest.

17. Ombudsmann

The independent ombudsman of the travel industry should be contacted before any legal dispute arises.  The ombudsman endeavours to find a fair and balanced solution for all parties involved.  Address: Ombudsman of the Swiss Travel Industry, Postbox 8038, Zürich.

18. Data protection

Flugbus.ch takes data protection very seriously, and treats customers’ personal data confidentially and in accordance with the statutory provisions.

By accepting our T&Cs, the customer agrees that Flugbus.ch may store and process data, which must necessarily be collected within the scope of the order.

The data is transmitted unencrypted.  It cannot therefore be ruled out that the data may be lost, or may be viewed by third parties.  The online transmission of data is therefore at your own risk.

The data is stored on the servers of Flugbus.ch with care, and protected from access by third parties.  Only employees have access to the data necessary to perform their tasks.  Data will only be passed on to third parties if necessary.  By accepting our T&Cs, the customer consents to data transfer to third parties.

The customer has the right to request information about his data, which will be processed by Flugbus.ch.  He also has the right to rectify false data.  In addition, Flugbus.ch has the right to delete the data, if no longer required by Flugbus.ch within the scope of the order,  and if there is no legal obligation to retain the data.

If the reservation is made by a sales agency or point of sale, their data protection provisions shall apply additionally.  By accepting our T&Cs, the customer also consents to the distribution agencies or sales outlets transmitting to Flugbus.ch for further processing the data that must necessarily be collected within the scope of the order.

19. General forfeiture clause

The invalidity of individual provisions shall not result in the invalidity of the entire general terms and conditions of contract and travel.

20.  Applicable law and place of jurisdiction

Swiss law shall apply exclusively to the provisions of exclusion of conflict of laws. The exclusive place of jurisdiction is Lucerne, Switzerland.

The German text of general contract and travel conditions of flugbus.ch is legally binding, whereas the English is merely a translation.