General Terms and Conditions (GTC) for SBB Wifi
1. Subject matter and area of validity
These General Terms and Conditions (GTC) of
SBB AG govern customers' use of the SBB
Wifi (WLAN).
2. Service provider
At selected stations, SBB AG will – where
technically, operationally and economically
feasible – provide Internet access for the cus-
tomer. In providing the service, SBB AG can-
not guarantee the quality of data transmission
or fault-free operation. Customers have no
guarantee that the SBB Wifi will be provided at
a specific station. In the event of excessive use
by a customer, SBB AG may limit the band-
width for the customer or bar the customer
from using the service. SBB AG has the right
to block certain services or websites at any
time.
3. Costs
SBB AG provides the SBB Wifi for customers
to use free of charge for a fixed period each
day. Once the complimentary period of use
has expired, the SBB Wifi at the relevant loca-
tion may only be used again after a waiting
period has elapsed.
4. Duties and responsibilities of the cus-
tomer
Use of the Internet services is at the custom-
er's own risk. The customer bears sole re-
sponsibility for the security of his/her device
(which he/she uses to access the Wifi net-
work). The customer has a duty to use the
services provided by SBB AG appropriately
and in compliance with the law. The customer
is expressly prohibited from misusing the Inter-
net access or allowing it to be misused. He/she
is also forbidden from using the services to
commit illegal or criminal acts. This also in-
cludes accessing content or linking to third-
party content (links/hyperlinks) that breach
legal regulations or official orders, particularly
in relation to content or design which is porno-
graphic or racist in nature or which glorifies
violence. The same applies to the violation of
ancillary rights (especially trademark rights and
copyrights), the sending of defamatory state-
ments, junk mail or bulk mail (spam) and anti-
competitive practices. The customer is prohib-
ited from misusing the services to harm other
Internet users, from peer-to-peer networks,
other similar networks or platforms for offering,
downloading, sharing etc. content which is
protected by copyright (e.g. music, videos,
films, e-books, etc.). If the customer produces
publications on the Internet, he/she shall bear
sole responsibility for their content.
In the aforementioned cases of breaches of
legal regulations or official orders, the custom-
er shall release SBB AG from all claims
brought by third parties against SBB AG as a
result of these violations. In such cases, the
customer shall be fully liable to recourse in
respect of SBB AG. SBB AG is entitled to
charge the customer for all the costs it has
incurred as a result of the incorrect or improper
use of the installed equipment or the object of
this agreement.
The customer assumes responsibility for en-
suring that the device he/she uses and the
software installed on it are free of viruses and
other malware. The customer is also obliged to
immediately deregister his/her device with SBB
if it is sold, stolen or otherwise lost. To deregis-
ter his/her device, the customer should send
an e-mail with his/her telephone number to
wifi@sbb.ch All registered devices (see also
Section 5 Registration) are then deleted. If the
customer breaches any of the duties detailed
above, he/she must compensate for the direct
or indirect damage or loss caused as a result.
If the customer breaches any of the duties or
responsibilities detailed above, SBB AG has
the right to block his/her Internet access or to
immediately take technical measures, insofar
as these are necessary, to ensure the fault-
free operation of the service. The customer
may be barred from using the services with
immediate effect.
5. Registration
In order to use the SBB Wifi, the customer
must register his/her device. Each customer
may register a number of devices for the SBB
Wifi. The registration is valid for 12 months.
The system requires the customer to enter
his/her mobile phone number. The MAC ad-
dress of the device used will be automatically
assigned to the mobile phone number provid-
ed. SBB AG reserves the right to request that
individual customers or all customers re-
register at any time. The first time he/she logs
into the system, the customer will be asked to
accept these GTC.
6. Data protection
SBB AG complies with the applicable data
protection and telecommunications regulations.
On registering, the customer transmits the
following data to SBB AG:
- Mobile phone number
- MAC address of his/her device (automatic)
As well as the above data, details of the station
area visited (including date and time) will be
recorded each time the customer uses the
SBB Wifi.
The customer shall acknowledge that SBB AG,
as a telecommunications service provider, is
registered with the Swiss Federal Office of
Communications and as such is bound by the
legal obligations of the Swiss Federal Act of 6
October 2000 on the Surveillance of Post and
Telecommunications, and its related ordi-
nance. Provided the legal conditions are met,
SBB AG is required, on behalf of the responsi-
ble authority, to monitor directly or through a
third party the use of the Internet and the data
traffic between the customer and the Internet.
Furthermore, SBB AG may be required to dis-
close the customer's contact, usage and pe-
ripheral data to the authorised administrative
bodies.
He/she can cancel his/her registration for the
SBB Wifi at any time by sending an e-mail to
wifi@sbb.ch As soon as the registration has
been cancelled, no more personal data of the
customer will be collected and processed.
The usage and peripheral data will be stored in
personally identifiable form for 6 months before
being anonymised. From the time the SBB Wifi
registration is cancelled or 12 months after
registration, contact data will be stored for 6
months and then destroyed.
If you have any questions regarding data pro-
tection or would like to make any information,
removal and correction requests, please con-
tact SBB AG's data protection officers
datenschutz@sbb.ch
7. Security
Once the customer has logged in, data trans-
mission between his/her device and the
hotspot will be unencrypted. Therefore, data
transmitted between the device and the
hotspot could potentially be intercepted by third
parties. SBB AG cannot guarantee that use of
the hotspot is secured against third-party ac-
cess to customer data either saved locally on
the customer's device or transmitted by the
customer while using the service. The custom-
er is responsible for ensuring the security of
such data. Any compensation claims made by
the customer resulting from use of an unse-
cured connection, particularly for damage to
his/her hardware or software, data loss or oth-
er forms of loss which can attributed to use of
the service, are excluded unless the incident
that caused the damage or loss was the result
of gross negligence or wilful action on the part
of SBB AG. Use of the publicly accessible
Internet is at the customer's own risk.
8. Liability
To the extent permitted by law, SBB AG pre-
cludes any liability for itself, its auxiliary staff
and third parties engaged by it. It shall only be
liable up to the amount of the proven damage
or loss. It accepts no liability in the event of
force majeure, for consequential losses or for
loss of earnings. SBB AG provides WiFi only in
order to provide access to the Internet. SBB
AG assumes no liability either for ensuring the
permanent availability of Internet access or for
ensuring that the service for Internet access or
other Internet services operate without inter-
ruption or faults. Nor does it accept liability for
damage to the hardware or software of the
customer's device or for any other damage,
material or otherwise, which can be attributed
to use of the hotspot. Insofar as may be legally
admissible, SBB AG is not liable for the au-
thenticity and integrity of the stored data or the
data transferred via its system or the Internet.
Likewise, to the extent permitted by law, liabil-
ity is declined for the inadvertent disclosure,
loss or erasure of or damage to sent, received
or stored data. Moreover, SBB AG is not liable
for damage caused due to misuse of the con-
nection by third parties (including viruses).
9. Engagement of third parties
SBB AG may commission third parties to pro-
vide its services at any time. In doing so, SBB
AG remains responsible for ensuring compli-
ance with the contractual arrangements and
legal regulations.
10. Amendments to the GTC
SBB AG reserves the right to amend the GTC
at any time. The customer will be informed
about the amendment to the GTC in an appro-
priate manner.
11. Severability clause
Should individual provisions of these GTC
prove to be invalid or unlawful, the validity of
the remaining provisions will not be affected. In
this case, the provision concerned shall be
replaced by a valid clause which reflects the
commercial purpose of the invalid provision as
closely as possible.
12. Applicable law and jurisdiction
This agreement is governed exclusively by
Swiss law. The court of jurisdiction shall be
Berne.
13. Contact address
wifi@sbb.ch / www.sbb.ch/wifi

© SBB AG, 01.12.2015.