SBB Swiss Mobility API GTC.
General terms and conditions for the sale of tickets and bookings carried out via SBB sales channels.
December 2021
Further content
SBB AG
Digital Advertising & Affiliates
Trüsselstrasse 2
3000 Berne 65
General terms and conditions for the sale of tickets and bookings carried out via SBB sales channels.
SBB AG offers interested partners an API. The API enables the partner to request routes and products via the “SBB Swiss Mobility API” interface, and to display (affiliates) or sell (booking).
SBB AG commissions the Distribution Partner in accordance with art. 418 ff et seqq. Swiss Code of Obligations (CO) with the sale of Swiss and international tickets and reservations for the public transport companies (PTE) (hereafter “ticket”) in accordance with and subject to the applicable fares, the regulations, and directives of public transport.
The parties are independent of each other and by signing the contract do not enter into any commercial or similar relationship in relation to the passengers of SBB AG or third parties.
2.1.
These general terms and conditions supplement the registration agreement and are secondary to these. Subject to the fares and provisions of public transport.
2.2.
The partner will act on behalf SBB. No contractual relationship will be established between the en customer and the Partner. The contractual terms and conditions of SBB AG (fares, GTC) exclusively shall be applicable in relation to end customers.
2.3.
The Partner is responsible for investigating its liability for value-added tax. SBB AG will not be liable for any demands by the Swiss Federal Tax Administration against the Partner.
No restrictions in the distribution area have been agreed. The Distribution Partner is accordingly not guaranteed any exclusivity rights to the sale of tickets in specific distribution areas.
SBB AG grant the Distribution Partner the right to authorise one or multiple issuing offices to sell the tickets. At the request of SBB AG, the Distribution Partner must submit a complete and detailed list of all issuing offices/domains. In this respect, it is understood that SBB AG shall not contact the issuing offices without the consent of the Partner.
5.1.
Generally, the tickets and reservations available in the distribution system may be sold. The rules and regulations of the system operator and of the transport companies will apply. Offer, price and programme changes as well as new offers are filed in the distribution system from the sales launch. If a firm booking is made and confirmed by the system, the transport companies will be responsible for ensuring that the Contract is fulfilled correctly.
5.2.
The issuing conditions and instructions for the tickets in the distribution system can be found in the fare documents of the various transport companies. are included in the various fare documents of the transport companies. These are listed on SBB AG’s website. The Distribution Partner undertakes to comply with the latest version of the faire conditions.
6.1.1.
The sales are made exclusively via SBB AG’s distribution systems, specifically the SBB Swiss Mobility API.
6.1.2.
The Distribution Partner undertakes to promote the sale of SBB AG and transport company tickets to the best of its ability and to meet all the necessary requirements within the scope of this general terms and conditions.
6.1.3.
The partner will sell tickets as available in the distribution system, observing the tariffs, rules and instructions of and SBB AG and the transport companies and their applicable terms and conditions of business.
In the event of any breach the Distribution Partner shall pay a penalty.
6.1.4.
The Partner will state on the invoice issued to the customer (provided along with the ticket) that SBB is the service provider, indicating also the Swiss VAT number of SBB.
6.1.5.
The partner shall inform SBB AG promptly concerning any changes to its organisation or registered address.
6.1.6.
The Partner will provide customers with information about the tickets it sells. It must provide objective and accurate advice and make customer’ needs its priority. The Partner shall also be available to the customer for after sales (except affiliates).
The partner must collect the amount of sale. The Partner will not receive any collection commission. It also assumes in particular the uncovered operating and judicial dismissal costs for the assertion of claims by SBB AG or the transport companies for the tickets sold by it or its issuing offices. The parties agree that such activity amounts to collection in accordance with Article 2(2)(a), no. 2 of the Swiss Anti-Money Laundering Ordinance (AMLO) and not the provision of a financial brokerage service.
6.3.1.
The Partner is, to the extent permitted by law, responsible without restriction for customer complaints and claims, where these were caused by errors and omissions by the Distribution Partner or its issuing offices.
6.3.2.
The partner is liable to SBB AG for selling the tickets and reservations in accordance with the tariffs, regulations and directives.
6.3.3.
The partner is liable to SBB AG for the full sales value of the issued tickets and reservations.
6.4.1.
The partner undertakes to prohibit use of the SBB Swiss Mobility API e purely for timetable queries. The SBB Swiss Mobility API must only be used in connection with bookings and/or links to the SBB Webshop or the SBB mobile app.
6.4.2.
It is essential for the Partner to have knowledge of software development as well as a suitable IT environment in order to connect to the test environment and for further use of the SBB Swiss Mobility API. The Partner shall ensure this.
6.4.3.
The Partner undertakes to perform prior testing on the integration environment in accordance with the test cases defined in appendix, once approval to connect to the production environment has been received. The System Partner is responsible for testing as well as the financial acceptance of the connection. Final approval of the API for usage is a matter for SBB.
6.4.4.
The partner acknowledges that the SBB Swiss Mobility API is subject to further developments. Updates to the SBB Swiss Mobility API (release adjustments) will be announced by SBB to the Partner. are notified to the partner by SBB AG. The Partner will be responsible for integrating the current versioninto their own software solutions themselves.
6.4.5.
The Partner undertakes to implement release adjustments by no later than nine weeks after deployment by SBB AG. After that, the version of the interface will no longer be supported by SBB.
6.4.6.
The Partner agrees that any third party partners must be approved in writing by SBB AG in advance before they can have access to the interface or can use it for sales.
6.4.7.
The Partner undertakes to observe the defined Look to Book Ratio based on the following listing:
Timetable queries: /trips
Offer queries: /offers
During the first year of use, both contractual parties will collect and share knowledge and experience about the look2book ratio. The System Partner is aware that the ratios may be adjusted during the first year of use. In this time, SBB waives the right to offset fees if the above ratio is exceeded.
The volume of queries by the System Partner must be kept to a minimum in both cases.
6.4.8.
The partner will ensure an independent connection and the operation of the interface.
6.4.9.
The Partner guarantees data security (servers, etc.). in particular, it undertakes to store the access data for the connection securely.
7.1.1.
SBB AG will define the ticket types available in the system. Where technically feasible, the Partner shall receive access to all fares, connections, classes and other services offered by SBB and the transport companies.
7.1.2.
SBB AG shall provide the Partner with the sales documents required and any advertising materials. The Partner will be promptly informed of special offers and new products that can be sold by the Partner.
7.1.3.
SBB AG provides first level support in matters of fare application.
8.1.
The logo, trademark and service mark belong exclusively to SBB AG.
8.2.
SBB AG grants the Partner a non-exclusive, non-transferable right to use said logo free of charge for the purposes of this contract.
The partners shall jointly develop the image they wish to present to customers. However, SBB AG shall make the final decision on the brand image, positioning, naming and design (logo, colours, typography, etc.) of its products or services that arise from the cooperation, in accordance with SBB’s unified brand strategy. SBB Brand Management must therefore be involved in the development at an early stage. Existing trademarks of both parties remain unaffected by this cooperation.
All communications aspects of this project shall be fully managed by SBB AG and agreed with the partner. This also applies to the Partner’s own communications material, to the extent that it relates to this project or this cooperation. Obtained information must not be used either in whole or in part outside of this project by the parties for their own purposes or for the purposes of third parties.
The prior written consent of SBB AG is required to involve third parties to fulfil the Contract.
9.1.
SBB AG shall issue an invoice at the defined interval for the revenue income amounts owed by the Partner, denominated in CHF (where applicable incl. VAT), based on the system fare prices. The gross amount is invoiced.
9.2.
If the Partner defaults on payment, SBB AG shall be entitled to charge default interest. The interest owed after the expiry of the standard payment terms of 30 days is charged at a rate of 5%. In addition, SBB AG may block access to the distribution systems without notice in the event of non-observance of the payment deadlines.
As security for all rights and claims of SBB AG, the Partner must pay an abstract and irrevocable guarantee at the amount defined in advance at the first request of SBB AG before signing the Contract.
11.1.
The Contract shall enter into force upon activation of the agreed systems and is concluded for an indefinite period of time. It may be terminated by either party giving notice by registered letter at least three months prior to the end of a month.
11.2.
The relevant terms and conditions are accepted by the sales partner when the contract comes into effect through confirmation by SBB AG.
11.3.
The contractual relationship may be terminated without notice at any time if there are compelling reasons for so doing and after a warning has been issued to no avail. In such cases no claim to compensation may be made by the terminating party. SBB AG will specifically be entitled to do this in the event of gross or repeated infringement by the Distribution Partner of its contractual obligations, or if the Distribution Partner’s creditworthiness seems doubtful. In addition, SBB AG shall have this right if external circumstances occur that impede the provision of services to SBB in an unforeseeable way.
11.4.
Upon termination, all receivables arising out of this Contract shall fall due for payment. In particular, the Partner will settle the amount due to SBB AG. A final bill will be drawn up by SBB AG by no later than one month after the termination of the Contract. The Partner shall review the bill within one month and shall inform SBB AG of the results immediately. The claims of SBB AG included in the final bill will be due upon completion of the Distribution Partner’s review report. Any termination must be made in writing to be valid (registered letter).
11.5.
Tickets that were sold while this contract is still in place are viewed to be valid until their expiry.
11.6.
In the event that a repeated breach is suspected of the obligations laid down in clause 6, SBB AG shall be entitled in particular to close the system temporarily and to prevent the sale of tickets.
11.7.
There is a right to reverse the Contract in the following cases in particular:
For each party:
11.7.1.
If a party is unable to act or make payment, an application to open the insolvency proceedings is made against them, they themselves have made such an application, insolvency proceedings are refused due to lack of assets or any of the events specified here are imminent.
11.7.2.
If a party is responsible for failing to fulfil significant obligations that it must fulfil under this Contract and fails to restore the situation in accordance with the Contract within 15 days of receiving a corresponding written request sent by registered letter in spite of a grace period set in writing.
11.7.3.
If it is not reasonable for a party to abide by the Contract as a result of force majeure.
For SBB AG:
11.7.4.
In the event of non-compliance with the contractually agreed obligations of the Partner, for example to minimise the risk of a lack of audit compliance.
11.7.5.
In the case of use of the service by third parties without the prior written agreement of SBB AG.
11.7.6.
In the case of an unreasonable impedance of performance, for example consistently exceeding the Look to Book Ratio.
11.7.7.
If the System Partner experiences major, unreasonable disadvantages as a result of a change in services.
12.1
The parties will treat as confidential all information that is neither in the public domain nor generally accessible.
12.2.
In particular, the Partner undertakes to observe the confidentiality of all information, data and documents (e.g., customer lists) which it becomes aware of during the execution of the Contract, information received and documents handed out, and neither copy them, make them accessible to third parties nor use them in any other way.
12.3.
The Partner is obliged to inform its staff and any third parties it may use, who of necessity obtain full or partial knowledge of information and documents in connection with performance of this Contract, about the aforesaid obligation to maintain absolute confidentiality and to place them under the same obligation. In addition, the Partner must take all appropriate measures required to maintain the confidentiality obligation. The confidentiality of the data or security in terms of data access is ensured by granting access to the parties’ data only to people authorised by the Partner and at SBB AG only to the people required to guarantee proper system operation, technical development, and the audit capability of the system.
12.4.
The confidentiality obligation as described above must be observed, even before conclusion of the Contract and will subsist after the contractual relationship has ended. The foregoing is without prejudice to any statutory duties of disclosure.
12.5.
As part of the contractual relationship, the processing of personal data in accordance with the Swiss Data Protection Act is indispensable. All data is intended to be used exclusively for the services under the Contract. Each party shall remain the owner of the data it provides. The contractual parties guarantee that all personal customer data that are either made available to it or becomes known to it and any associated peripheral data shall be used exclusively for the services to be provided under the Contract.
12.6.
After the end of the contractual relationship, the parties shall destroy the data obtained from the other contractual parties as soon as they are no longer required to fulfil the Contract or when the Contract ends at the latest. The parties undertake to keep confidential all information about rail or bank customers which becomes known to them while performing this Contract. In particular, this data must not be made accessible to unauthorised third parties or used for any other purpose. This obligation shall remain in effect even after the contract has ended.
12.7.
The parties shall take technical and organisational measures to ensure that any personal data are protected from becoming known to third parties. They shall use at least the same level of security that they would use for their own needs. These security measures shall correspond to current standards of technology and shall be financially reasonable. In particular, the contractual parties shall ensure through the use of suitable tools (virus scanners, firewalls) that unauthorised access to the data is prevented or inhibited, insofar as this is possible with at reasonable financial and technical expense. The contractual parties are aware that complete protection against malicious data is not possible. If hazards cannot be rectified in a technically and financially reasonable and promising way, SBB AG shall be entitled to delete data with malicious code immediately.
12.8.
If personal data must be exported outside of Switzerland as a result of this Contract and the fact that the company has a data Carneiro outside of Switzerland and the state in which the data Carneiro processes the data does not have data protection legislation comparable to that in Switzerland, the company undertakes to conclude an additional data protection agreement (standard EU contractual clauses) with SBB AG.
12.9.
The parties shall take technical and organisational measures to ensure that the legal obligations arising towards the persons concerned as a result of data collection can be observed, particularly requests for the disclosure or deletion of data.
13.1.
SBB AG shall grant the Partner the non-exclusive (simple) right to use the SBB Swiss Mobility API of SBB AG to sell the previously defined range of tickets. Rights that go beyond this, especially to the interface, the applications or the operating software of SBB AG or their assistants will not be received by the Partner.
13.2.
No rights that go beyond the use specified in this offer are assigned to the Partner upon signature of this Contract. Each party is fully entitled to retain their intellectual property rights.
13.3.
Hardware and software are not transferred to the Partner.
Both parties may only assign or pledge all rights and obligations arising from this Contract or individual provisions of this Contract or link them with a name other than that of the Partner or SBB AG, with the written consent of the other party. The parties must keep each other informed.
15.1.
The contractual parties shall take appropriate measures to ensure compliance with applicable laws and regulations. In particular, they undertake to comply with the principles and rules set out in the SBB AG Code of Conduct.
15.2.
The contractual parties undertake to institute any such measures as are required to avoid corruption.
15.3.
The Partner agrees to take all measures necessary to prevent impermissible bid-rigging to the detriment of SBB AG (e.g., price, market sharing and bid rotation agreements) and to refrain from such impermissible bid-rigging.
15.4.
In the event of the obligations under para. 15.2 and 15.3 being violated, the Distribution Partner of SBB AG shall pay a penalty. For each violation a penalty fee of CHF 10’000 will be charged. In addition, SBB AG may assert claims for compensation for damage suffered unless the Distribution Partner is able to prove that it is not at fault.
15.5.
The Partner shall contractually transfer the obligations arising from this section to any third parties it has engaged to fulfil the contract.
15.6.
The Partner furthermore acknowledges that any infringement of the obligations in para 15.2 and 15.3 will also generally result in its exclusion from the tender process or in the can cancellation of the award as well as the early termination of the Contract by SBB AG for cause.
16.1.
SBB AG is entitled to verify compliance with the Partners’ obligations under the “Integrity” section and other significant obligations either itself or through an independent auditing company selected by it within the scope of an audit. SBB AG may not request any such audit more than once per calendar year without reasonable cause. SBB AG shall notify the Partner of the audit in writing, unless SBB AG deems that there is imminent danger.
16.2.
The Partner may request that the audit be carried out by an independent third party. In this case, the Partner shall bear the cost of the audit in any event. Otherwise, it shall only bear the costs of it is ascertained during the audit that the Partner has violated its obligations under the “Integrity” section or any other significant contractual obligations.
16.3.
If the audit is not carried out by SBB AG itself, the audit report shall only inform SBB AG of whether the Partner meets it contractual obligations, unless an infringement is ascertained. In this case, SBB AG shall be entitled to thoroughly inspect the information related to the violation.
16.4.
The Partner shall contractually transfer the obligations arising from this section to any third parties it has engaged to fulfil the Contract.
Should one of the provisions of this Contract be or become void or invalid, the validity of the remaining provisions will remain unaffected. Should any clause of this Contract be or become void or invalid, the parties must replace it with a valid clause which reflects the commercial purpose of the invalid provision in accordance with the original intent of the parties as closely as possible.
The conclusion of and any amendments of or supplements to this Contract, including the components of the Contract, shall only be valid if adopted, at the choice of SBB AG, by either a handwritten signature or an electronic signature (prescribed by SBB AG, e.g., Skribble).
This contract is subject exclusively to Swiss law. The exclusive place of jurisdiction is Bern.
Passenger Services Markets
Digital Advertising & Affiliates
Trüsselstrasse 2
CH-3000 Bern 65
The System Partner confirms that a connection has successfully been made to the SBB Swiss Mobility API by performing the following test cases.
After approval of the test cases by SBB, the System Partner receives access to the production environment and can start selling.
Perform test case by System Partner. | Inspection by SBB. |
---|---|
Date: From the 2nd of the next month Route: Bern, Wyleregg–Zurich HB–Glattbrugg Offer: 1st class, 1 adult (without discount) Language: DE Ticket: application/pdf (PDF) |
Offer is correctly presented in the partner’s GUI: - Prices - Connection - Conditions The ticket is displayed correctly. |
Date: From the 15th of the next month Route: Geneva, Airport–Basel, Zoo Offer: 2nd class, 1 adult (Half Fare travelcard) and 1 child (4 years) Language: FR Ticket: text/html (Screen Ticket) |
Offer is correctly presented in the partner’s GUI: - Prices - Connection - Conditions The ticket is displayed correctly. |
Date: On the 30th of the next month Route: Lugano–Thun Offer: 2nd class, 2 adults (1× Half Fare travelcard, 1× without discount) and 1 child (8 years) Language: EN Ticket: application/vnd.apple.pkpass (Wallet) |
Offer is correctly presented in the partner’s GUI: - Prices - Connection - Conditions The ticket is displayed correctly. |
December 2021
Digital Advertising & Affiliates
Trüsselstrasse 2
3000 Berne 65
SBB Swiss Federal Railways
Hilfikerstr. 1
3000
Bern 65
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