General Conditions of Carriage

between

the partner carrier

and the customer

concerning

transport service under the Shuttler brand

of 8 June 2023

1. scope of application

1.1 The General Terms and Conditions of Carriage (hereinafter referred to as GCC) apply to journeys booked via Shuttler GmbH (hereinafter referred to as Shuttler) for the carriage of persons, luggage or goods (carriage service).

2. contracting party

2.1 The contract of carriage arises between the carrier and the customer. 3.

3. subject matter of the contract

3.1 The subject matter of the contract of carriage between the customer and the carrier is the carriage of persons, luggage or goods from a point of departure to a point of arrival at a specified time in accordance with the booking confirmation.

3.2 Carriage shall be performed using the carrier’s means of transport, usually passenger coaches. Other means of transport may be used in individual cases.

4 Fulfilment

4.1 The contract of carriage shall be deemed to have been performed when the passenger/baggage/goods booked are carried from the point of departure indicated in the booking confirmation to the point of arrival at the time of departure indicated.

4.2 The contract of carriage shall also be deemed to have been performed in the event of carriage of the booked passenger/luggage/goods from a point of departure located within a maximum radius of 1000m from the point of departure confirmed in the booking confirmation to a point of arrival located within a maximum radius of 1000m from the point of arrival confirmed in the booking confirmation.

4.3 The contract of carriage shall also be deemed to have been performed in the event of reimbursement of the cost of an alternative means of transport of the carrier’s choice from the same municipality of departure to the same municipality of destination within one month of the booked date of carriage. The calculation of the cost of the alternative means of transport shall be based on the information provided by the customer during the booking process.

5. performance by the carrier

5.1 The carrier shall be responsible for the proper performance of the service, in particular compliance with all legal provisions. There is no entitlement to a specific means of transport. 5.2 The performance of the service by the carrier is subject to the following conditions

5.2 The provision of services is subject to the legislation on the professional carriage of passengers, insofar as it is a question of the professional carriage of passengers. The carrier may also use non-professional passenger transport within the limits of what is legally permissible.

6. tickets

6.1 Tickets are personal, non-transferable and only valid together with a travel document. 

6.2 The ticket must be in electronic or printed form for the journey.

7. substitution by shuttlers

7.1 The carrier may be represented by Shuttler for the purpose of making reservations, cancellations, rebookings.

8 Cancellation

8.1 The customer may cancel the booking up to 6 hours before the journey without giving reasons and in this case will be refunded the fare in the form of a voucher which can be used with Shuttler. The carrier may provide promotional fares that completely exclude rebooking or cancellation. The processing of the cancellation request may take up to 24 hours.

8.2 Rebookings are usually made by way of cancellation and rebooking.

8.3 The carrier may charge a reasonable fee, not exceeding CHF 15 per transaction, for expenses incurred in connection with rebookings, cancellations, name changes and refunds. 

9 Payment and fare

9.1 A booking obliges the passenger to pay the fare immediately. The fare is stated in the booking confirmation. For telephone bookings, the Carrier may charge an additional fee not exceeding CHF 15 per transaction.

9.2 At the discretion of Shuttler, a payment period may be granted to the customer and notified in writing. Unless otherwise agreed, payment is due no later than the time of the journey. In the event of unpaid fare, Shuttler or the carrier may refuse carriage.

9.3 The carrier may charge a fee for reminders not exceeding 20 francs per reminder.

9.4 Passengers found in the passenger compartment without a valid ticket must pay an increased fare of at least 100 francs.

10. restrictions on carriage

10.1 The carrier may exclude the customer or his luggage from future carriage by written notice. In this case the customer is entitled to a refund of the fare.

10.2 The carrier may refuse to carry the customer or the customer’s luggage if one or more of the following conditions are met or, at the carrier’s discretion, may be met:

10.2.1. to comply with regulatory restrictions or legislation, namely where safe carriage cannot be ensured.

10.2.2 The substantial impairment of the health or welfare of other customers.

10.2.3. the customer’s mental or physical condition poses a danger to him/her or to other passengers, in particular if obviously impaired by alcohol or drugs.

10.2.4. the customer has not paid the fare.

10.2.5. if, in the case of cross-border services, the Client does not have valid travel documents or may attempt to enter a country for which she does not have valid travel documents.

10.2.6. the customer has a ticket that has been unlawfully acquired, stolen or forged.

10.2.7. the customer in whose name the ticket is made out is unable to identify himself as that person. In this case, the Carrier may also exclude from carriage the other persons booked on the same ticket.

10.2.8. the customer disregards safety-related instructions of the carrier.

11. children

11.1 Children under 8 years of age may only travel in the company of a person at least 16 years old.

11.2 Children weighing between 15 kg and the age of 12 years or 150 cm tall shall be carried in booster seats provided by the carrier, provided that a child restraint device is prescribed in the vehicle used by the carrier. The accompanying person is free to bring his/her own child restraint devices.

11.3 Children under 15 kg require special child seats. Child seats cannot normally be provided, they must be brought by the accompanying person. Unregistered children under 15 kg who do not bring their own child seats cannot be carried.

12. mobility restrictions

12.1 Unaccompanied children under 8 years of age, children weighing less than 15 kg without their own child seat, disabled persons, pregnant persons, sick persons or persons requiring special care can only be carried for safety reasons if the carrier has agreed to the carriage in advance, but at least 24 hours before departure.

13. animals

13.1 Dogs and other animals may only be carried if the carrier has given its prior consent to their carriage.

13.2 Consent must be obtained at least 24 hours before departure and the carrier may charge a fee of 15 francs per animal.

14. luggage

14.1 The Carrier shall carry baggage in the baggage compartment free of charge. The carriage of one piece of luggage with a maximum size of 50*30*80 cm and a maximum weight of 20 kg is included in the fare. 

14.2 The carrier may offer promotional fares with less or smaller baggage.

14.3 The carriage of additional items of luggage is subject to available capacity and cannot be guaranteed. You are strongly advised to notify Shuttler of the carriage of any additional Baggage at least 24 hours prior to departure. Shuttler will charge a fee of CHF 10 per additional piece of luggage.

14.4 Hand luggage is limited to a maximum size of 42*30*18 cm and a maximum weight of 7 kg. The customer is responsible for ensuring that the hand baggage does not endanger other passengers. As a rule, the customer must place the hand luggage in the passenger compartment and supervise it during the entire journey.

14.5 The carriage of special luggage which exceeds the dimensions specified in point ___ (musical instruments, skiing, surfing or golf equipment and bicycles) requires the consent of the carrier at least 24 hours before departure. Special items of luggage may not exceed a weight of 35kg and a maximum size of width+length+depth=240cm (with a maximum edge length of 190cm) and must be loaded together with the passenger.

The carrier may charge a fee of 15 Swiss francs per piece of special luggage.

15 Liability

15.1 The carrier shall in principle only be liable for luggage damaged, lost or stolen during the journey in the event of intent or gross negligence. Liability is in any case limited to CHF 200 per customer.

15.2 In the event of accidental death, accidental recovery or accidental disability, the carrier’s passenger insurance shall be liable for benefits not covered by statutory insurance up to a minimum liability amount of CHF 60,000 in the event of disability and CHF 30,000 in the event of death.

15.3 Any further liability on the part of the carrier for damage to property or personal injury is excluded.

16 Cancellation or delays

16.1 Shuttler will provide advance travel times for the information of the passenger. The carrier may deviate from the published travel times.

16.2 If a deviation of more than 120 minutes from the travel times published by Shuttler in advance has occurred (departure or arrival time) or is to be expected with a high degree of probability, the customer may withdraw from the journey and is entitled to a full refund of the ticket price.

16.3 If the customer cannot be transported due to his/her fault or if he/she is not at the agreed stopping point at the stated travel time, there is no entitlement to reimbursement of the ticket price.

17 Termination of the contract of carriage

17.1 The carrier may terminate the contract of carriage without giving reasons up to 14 days before the journey. In this case, the customer shall be entitled to a refund of the ticket price free of charge.

17.2 The carrier may terminate the contract of carriage at any time for good cause. If the termination takes place later than 14 days before the start of the journey, the customer is entitled to a free refund of the ticket price and compensation of 50% of the ticket price. 17.3.

17.3 If the cancellation is made less than 6 hours before departure, the customer is entitled to a refund of the fare and a compensation of 50% of the fare or a comparable alternative transport. 

17.4 The customer may terminate the contract of carriage no later than 6 hours before departure without giving reasons. The reimbursement may be made against a voucher. 

17.5 The carrier may terminate the contract with the customer at any time, provided that it is guaranteed that the customer can conclude a contract of carriage with another shuttle partner who can guarantee equivalent carriage within the meaning of point 4 at the agreed journey times (+/- 60 minutes). 

18. obligations of the customer

18.1 The customer must follow the instructions of the driver.

18.2 The client is not permitted to smoke conventional or electronic cigarettes in the vehicle.

18.3 The Client shall be liable for any damage caused to the Vehicle. In the event of soiling caused by the Customer’s negligence or wilful misconduct, the Carrier shall charge the Customer a cleaning fee of at least CHF 150.

18.4 The Customer shall wear a seat belt during the journey if the vehicle is equipped with one.

18.5 The driver may prohibit the consumption of alcoholic beverages. It is not permitted to consume drugs in the vehicle.

18.6 The customer undertakes to use the Internet connection exclusively in accordance with the law and the contract.

18.7 The use of sockets is at the customer’s own risk. Shuttler expressly points out that voltage irregularities can occur in connection with the on-board network and that the use of the sockets is at the customer’s own risk. Shuttler accepts no liability for any damage caused by the use of the sockets.

19. data protection

19.1 Shuttler and the carriers undertake to comply with Swiss data protection laws when handling the customer’s data.

19.2 The customer’s data will be used for the following purposes: Maintaining and improving customer relations, quality assurance, increasing operational safety, in the interests of sales promotion, product design, crime prevention, containing epidemics, investigating accidents and crimes, statistics and invoicing.

19.3 The customer acknowledges that Shuttler is entitled to pass on data to the carrier to the extent necessary for the provision of the specific service (contract of carriage including additional services and charges). Beyond this, Shuttler will not pass on any of the customer’s data to third parties without their consent. This is subject to the legally required disclosure of data, in particular to law enforcement agencies for the purpose of investigating crime.

20. transfers

20.1 If the customer books a transfer connection via Shuttler and the connections are not guaranteed, the customer is entitled to carriage on the next possible connection.

20.2 If a rebooking is not possible due to a missed connection and a deviation of the arrival time to the originally published travel times of at least 120 minutes is to be expected as a result, the customer may withdraw from the journey and is entitled to reimbursement of the fare. 

21 Applicable law

21.1 Swiss law shall apply. With regard to the transport service, the provisions on the contract (OR 394ff) are applicable. For disputes arising from the contractual relationship between the customer and Shuttler, the place of jurisdiction is Zurich (CH); for disputes between the customer and the carrier, the place of jurisdiction is the registered office of the carrier, provided that the registered office is not in Switzerland, Zurich. Should individual provisions of the Swiss legal system at the time of conclusion of the contract contradict these GCC, this shall not affect the validity of the rest of the GCC.

21.2 In the case of transport services provided on the basis of a concession or authorisation under the Swiss Passenger Transport Act, the relevant legal provisions shall apply and, where mandatory, shall take precedence over these GCC. Should individual provisions of these GCC become invalid or void as a result, this shall not affect the validity of the GCC in other respects.

21.3 For transport services which are carried out on the basis of a permit in accordance with Regulation 1073/2009 of the European Parliament and of the Council, the corresponding legal standards shall apply and, if mandatory, shall take precedence over these GCC. Should individual provisions of these GCC become invalid or void as a result, this shall not affect the validity of the GCC in other respects.