General terms and conditions (GTC)
Ticketcontrol.ch is a service provided by PostAuto Mobilitätslösungen AG. The customer enters into the contractual relationship on which these GTC are based with PostAuto Mobilitätslösungen AG.
2. Object of the contract
The present General Terms and Conditions (GTC) govern the relationship between the customers (“customers”) and PostAuto Mobilitätslösungen AG (“provider”) for the subsequent “provision” of a personal travelcard or basic card or for the “payment” of outstanding claims following a ticket inspection in the public transport system.
3. Range of services offered
A public transport passenger (“customer”) can contact the PostAuto Mobilitätslösungen AG collection agency via the customer web portal Ticketcontrol.ch. If, on the occasion of a ticket inspection, a customer is unable to produce his/her personal monthly, annual, half-fare or GA travelcard or his/her basic card, he/she has the opportunity to produce it at the ticket sales outlet or at www.ticketcontrol.ch within a period of 10 days together with the request for payment. If at the time of the ticket inspection no valid ticket could be produced, the outstanding claim can be paid directly via the portal. The provider takes responsibility for the service of checking all information and forwards this to the collection agency to handle the incident.
4. Scope of the service
The service involves providing information, answering questions, clearing invoices paid online, checking the validity of a travelcard in the customer database and debiting claims based on the request number in the collection system of PostAuto Mobilitätslösungen AG. If the claim is recorded in the system of a different transport company, the information is delivered to this company without any guarantee of actual debit.
5. Participating transport companies
The service is also provided for other public transport companies in addition to PostAuto Mobilitätslösungen AG. Use of the service depends on the relevant companies and the information can be found in the details on the ticket inspection.
6. Prices and terms of payment
The price of the service is between CHF 5 and CHF 500 and is based on the “General passenger tariff”. The price shall be paid in advance upon conclusion of the contract in the provider’s online shop by PostCard or credit card.
7. Conclusion of the contract and right of withdrawal
Once the payment process is completed in the provider’s online shop, the contract is deemed to have been concluded and the service will be provided immediately. There is no right of withdrawal and no right to reimbursement.
8. Non-debit of a claim
If the information of the claim and the personal travelcard can be successfully verified in good time, the claim will be debited in the collection system. If the validity of the travelcard cannot be identified or if the 10-day presentation deadline has expired, no debit is carried out in the system. In this case, the CHF 5 will be credited to the claim incident as an advance and can be deducted from the fee invoiced.
9. Data protection and data security
In the administration and processing of personal data, the supplier complies with the regulations of the Swiss data protection law. For the purpose of concluding the contract and executing the contractual services, the provider is authorized to process personal data and, if necessary, to forward this data to the transport companies participating in the service in order to perform the service. All personal data are used exclusively for this service and are not transferred or used for any other purposes.
10. Warranty and liability
The provider assumes no responsibility whatsoever and excludes all liability for any damages and consequential costs sustained directly or indirectly by the customer from the performance of this agreement, unless the damages or consequential costs have been caused by the provider either intentionally or as a result of gross negligence.
11. Amendment to the GTC
The supplier reserves the right to amend the GTC at any time. The amendments will be announced and published on the website ticketcontrol.ch and will be deemed to have been acknowledged and approved by the customers as of this date.
12. Place of jurisdiction and applicable law
Subject to the mandatory legal terms, the place of jurisdiction for any disputes between the parties is agreed to be the headquarters of the supplier (Berne). Swiss law will apply for the application and interpretation of the contractual relationship.
PostAuto Mobilitätslösungen AG, 29 April 2015