General Terms and Conditions of SBB Advertising.
Art. 1 Format and conclusion of the contract.
The contract is considered to be binding if the client does not query the confirmation of order, including side issues, in writing within 14 days after receipt. Any arrangement other than these General Terms and Conditions is only valid if agreed between the parties in written format.
Art. 2 Content of the contract and contract parties.
The contract contains the following specific points:
- The name of the client and any designees
- Commencement and duration of the contract
- Advertising themes
- Tariffs / fees
If the contract is negotiated by a representative on behalf of the client, the represented and not the representative holds the entitlements and obligations.
Art. 3 Tariffs / fees.
SBB Advertising publishes the standard tariffs annually. In addition to the tariff, value-added tax shall also be payable.
Price adjustments: The prices apply as agreed when the respective contract was concluded. The prices may be adjusted by SBB Advertising.
Art. 4 Distribution plan.
Execution of the order is carried out according to a distribution plan agreed between the client and SBB Advertising. The distribution plan includes the intended locations with the number of advertising spaces.
Art. 5 Delivery of the posters.
The posters are to be supplied by the client at their own cost. The paper quality must be suitable for the poster and the paper must be the weight indicated in the order confirmation. Luminescent, fluorescent and bronze colours (gold, silver or metallic colours) are prohibited according to federal law. If the posters do not correspond to SBB Advertising’s production conditions, SBB Advertising shall not be obligated to display the posters and can insist that the materials be reproduced. The additional production costs as well as any interrupted campaign weeks shall be paid for by the client. The posters must be sent carriage paid to the delivery address specified by SBB Advertising, according to the date in the order confirmation.
Delayed delivery of the posters does not entitle the client to any modification of the placement period. Damages arising will be borne by the client; who must specifically pay the costs arising even if placement is no longer, or only partially, possible. In the absence of instructions to the contrary from the client, unused replacement posters transfer to the right of disposal of SBB Advertising.
Art. 6 Replacement posters and liability.
The client must also supply SBB Advertising with replacement posters for upkeep, besides the posters required for each placement. The total number required is stated in the relevant order confirmation. With the exception of cases of intentional damage, the client may request neither compensation nor a reduction in the invoice amount for missing or defective posters, even insofar as these are stored in SBB Advertising areas.
Art. 7 Commencement of placement and duration of placement.
The commencement of placement of the posters is carried out according to the order confirmation. The posters are managed on Monday and Tuesday nights in the week in which they are put up or the week in which they are taken down. In cases of a reduction of sites, or if the poster space is inadequate for reasons other than those that are the fault of SBB Advertising, then SBB Advertising reserves the right either to reduce the number of posting sites or reduce the placement period.
Art. 8 Maintenance and checking.
Except in the case of a force majeure or culpable acts by third parties, SBB Advertising assumes maintenance of the poster display during the entire ordered placement duration.
Where discrepancies are identified in the execution of the contract, the client may carry out checks of the sites under query during the placement period, in the presence of a representative of SBB Advertising. SBB Advertising will ensure rapid handling of this check. No further complaints may be accepted following conclusion of the placement period.
Art. 9 Invoicing and delays.
The invoice will be sent to the client or their representative following completion of the placement. Invoices must be paid net within 30 days. SBB Advertising reserves the right to request payment as soon as the order is allocated or when the advertising material is delivered.
In the event of contractual obligations not being fulfilled or being completed late by the client, SBB Advertising may terminate the contract after an unsuccessful reminder, and request the payment of further damages in addition to the invoice amount. If a contract over many years allows for payments by instalment, the whole amount for the entire duration of the contract becomes due if payment of a single instalment is late.
Art. 10 Additional provisions for selective poster placements.
In isolated cases, selective poster placement confirmed by SBB Advertising may no longer be available at the agreed time. If the client does not agree with posting at other places, the placement period will be reduced and only the actual term will be invoiced.
Continuous placements for seasonal business are limited to seasons, even if the contracts are concluded per annum.
Advertising media in public transport companies: Temporary interruptions to services and occasional changes to routes do not give entitlement to any request for compensation on the part of the client. For longer interruptions of more than 30 days the placement period will either be increased for the period of the interruption or the invoice will be reduced accordingly.
Art. 11 Liability of SBB Advertising.
The contracts between clients and SBB Advertising are dependent upon the official licence provisions valid for SBB Advertising. If an order cannot therefore be carried out, or only partially, or if a placement has to be covered over, SBB Advertising only invoices for the completed parts of the order, but it is not obliged to pay any damages or expenditures. If the use of an advertising medium is made completely impossible for SBB Advertising, then the contract relating to it is cancelled without compensation.
Art. 12 Liability of the client and official provisions.
The client alone is responsible for the content and arrangement of the advertising. If the placement of an advertising theme is fully or partly prohibited by order of the authorities, or if the placement cannot be carried out due to other official decisions affecting the interests of the poster display medium, SBB Advertising is entitled to refuse or suspend the execution of the order. However, the client remains obliged to pay and also bears the costs of any amendment to or covering of an advertising theme that is rendered necessary.
Art. 13 Conditions with regard to cancelling and postponing campaigns.
The client may fully or partially cancel and/or postpone the order without any resulting costs. The client must inform SBB Advertising of its withdrawal from the contract or postponement of the order within 14 days of receipt of the order confirmation by registered letter.
In all other cases, cancellation/postponement incurs the following cost obligations:
- Up to 17 weeks prior to commencement of the placement, 5% of the invoice amount
- 16–9 weeks prior to commencement of the placement, 10% of the invoice amount
- 8–7 weeks prior to commencement of the placement, 50% of the invoice amount
- from 6 weeks prior to commencement of the placement, 100% of the invoice amount
If the client cancels a partial order and has benefited from higher discounts for partial orders already fulfilled, the over-discounts for placements already carried out and billed will be re-invoiced in addition to any calculations according to Art. 9.
Art. 14 Additional provisions.
Advertising for tobacco and alcohol is excluded. Religious messages and content that may offend passengers are not accepted. Content conflicting with the interests of SBB or the S-Bahn is not permitted. If anything is unclear, please send a layout to SBB Advertising during the theme design.
Art. 15 Place of jurisdiction.
Swiss law is exclusively applicable. The place of jurisdiction for any disputes with regard to this contract is exclusively Bern.
Art. 16 Confidentiality / data protection.
The parties shall treat as confidential all information and data from the contractual relationship that are neither common knowledge nor accessible to the general public. In case of doubt, all information and data is to be treated in confidence. The duty of confidentiality shall not apply if there is a legal duty of disclosure. The obligation to maintain confidentiality is in effect prior to the conclusion of the contract and shall continue to apply after the contractual relationship has been terminated. SBB Advertising is authorised to provide the information needed to compile standard advertising statistics (advertiser, product description, length of campaign, language, gross price, subject, placements and advertising format) in regard to transit advertising to one or more specialised institutes.
Art. 17 Changes to the General Terms and Conditions.
The General Terms and Conditions apply in the version which was valid when the respective contract was concluded. SBB Advertising reserves the right to make changes to the General Terms and Conditions at any time.
December 2015 edition