General Terms and Conditions for the öV Plus App
I. Usage Provisions
1. Scope of Application
The scope of the öV Plus App covers the entire Switzerland. The öV Plus App allows users to access real-time schedule information and purchase tickets. Prepaid tickets for Direct Traffic (DV) and various network assortments can be purchased through the app. Additionally, the SwissPass can be digitally stored in the app.
2. Purchase of Tickets
The transport contract for the purchase of electronic tickets via the öV Plus App is established between the passenger and the transport company providing the specific transportation service. The contract for the use of the öV Plus App is established with BERNMOBIL as the operator of the app.
3. Applicable Provisions
The purchase of tickets via the öV Plus App and the transportation of passengers are subject to the tariffs of Swiss transport companies, especially the “General Passenger Tariff T600,” as well as the network tariffs of Swiss networks in their current version, including the tariff and other provisions specified therein, unless otherwise regulated by these terms and conditions. The corresponding tariff information can be found at both staffed sales points of transport companies operating in network areas and online on the website www.voev.ch or on the websites of respective transport companies and networks.
4. Payment Methods
Users need a valid payment method for purchasing tickets. Users must ensure that their chosen payment method has sufficient credit limit for their purchases and is not blocked. Registration is done directly with the payment service provider Datatrans AG, Kreuzbühlstrasse 26, CH-8008 Zurich.
5. Mobile Device
A compatible smartphone is required for using the app. Users are responsible for protecting their mobile phones from unauthorized access and ensuring that their mobile phone remains functional throughout the journey after purchasing an electronic ticket. Using the app requires data transmission via a mobile service provider. Accordingly, a valid mobile service contract with an active, functional SIM card is required. Depending on the mobile service contract, charges for data transfer may apply for using the app. The amount of these charges is determined by the user’s contract with the mobile service provider. The charges are billed directly to the user by the mobile service provider.
6. Location Services
Activating the location services of the mobile device is not a prerequisite for using the app. Active location services are required for using certain functionalities, such as location on the map, purchasing tickets from a location, or nearby departures. Regarding the activation of location services, reference is made to the currently valid terms and conditions of the location service provider.
All copyrights and protective rights for öV Plus belong to the operator. By installing the öV Plus App, the operator grants users a simple, non-transferable, non-exclusive license for the intended use of the app. Copies may not be made, nor may sub-licenses or other rights of the öV Plus App be transferred to third parties in any way. Neither the content of the öV Plus App nor its underlying material, which is part or element of the content, may be modified, altered, adapted, disassembled, reverse-engineered, corrected, or disclosed. There is no entitlement to use the öV Plus App.
The operator can terminate the contract with users at any time. The operator also reserves the right to block the öV Plus App for individual users in justified cases (e.g., misuse).
The operator may change the information offered by the öV Plus App at any time. Users are particularly responsible for protecting their smartphones from unauthorized access. Any liability of the operator regarding the content, functionality, and use of the öV Plus App, including liability for malware, is excluded to the extent permitted by law. If the functionality of the öV Plus App or parts thereof, and thus the purchase of an electronic ticket, is not possible or restricted for technical reasons, the operator disclaims any liability for any resulting damages.
II. Tariff Provisions
1. Purchase of Prepaid Tickets
1.1 Purchase of Prepaid Tickets
The öV Plus App informs users of the purchase price of a prepaid ticket before the purchase.
1.2 Validation of Multi-ride Tickets
Trips on a multi-ride card are equivalent to single and network tickets of the corresponding tariff level. Multi-ride cards are expressly subject to the provisions of the networks, which may vary from one another. The departure location is defined by the customer when validating the multi-ride card. If the GPS function is enabled, it suggests the nearest stop to the customer. The customer can also manually enter the departure location, but it must match the actual stop.
2. Validity of the Ticket and Price Calculation
The öV Plus App only considers regular stops within the scope of validity when calculating the fare. For travel beyond the scope of the app, separate tickets must be purchased.
2.2 Visibility of Tariffs
Prices can be found in the corresponding tariff provisions. They are quoted per selected Mobile Ticket and in Swiss Francs. Value-added tax is included in all prices. The ticket price is charged to the customer according to the selected payment method by the respective financial institution. Mobile data transfer costs are not included. These costs depend on the customer’s contract with the mobile service provider.
2.3 Purchase of Tickets Before Boarding
Users must purchase the single ride ticket before boarding the transport or validate the multi-ride card. Tickets purchased through the öV Plus App after boarding the transport are invalid. The purchase process must be completed in full before boarding. It is considered complete when the single ride ticket is available in the app. Users are obliged to ensure the availability of the ticket and the functionality of the smartphone before boarding the transport.
2.4 Duration of Validity
The purchased ticket is valid for the day defined as the travel day at the time of purchase. For the purchase of network tickets, additional time restrictions apply according to the specific tariffs. Subsequent changes or exchanges of the purchased ticket are not possible. The purchase of a ticket is possible at the earliest 60 days before the journey, but a shorter advance purchase period applies to the purchase of network tickets.
2.5 Ticket Inspection
The Mobile Ticket is valid in accordance with the respective tariff provisions. During the validity period of the ticket, the functionality of the end device must be ensured, and the end device must be presented to the inspection staff upon request. Inspection staff is authorized to operate the mobile device to perform a proper inspection. A non-presentable ticket, for example, in the case of a depleted battery or an unfinished transmission, has the same consequences as the absence of a ticket. Only in the case of a verifiable processing error attributable to the operator will the customer be relieved.
2.6 Abuse or Forgery
In cases of abuse or forgery, the provisions of the applicable tariff (networks or Swiss transport companies) apply. In such cases, the operator also reserves the right to block the app for future use and take appropriate legal steps.
3. Modification of Tariffs and T&C
The applicable rates and terms and conditions can be unilaterally amended at any time. Changes to these present terms and conditions become effective as soon as users accept them. The version of the terms and conditions published on the website https://web.oevplus.ch/en/terms/ shall prevail at all times.
4. Applicable Law and Jurisdiction
Subject to other legal provisions, the relationship between the operator BERNMOBIL and the user is exclusively governed by Swiss law. The exclusive place of jurisdiction, place of performance, and place of execution, the latter only for persons domiciled abroad unless mandatory provisions prescribe otherwise, is Bern unless mandatory norms stipulate otherwise.
5. Questions and Support
For questions, technical issues, or support in the context of using the öV Plus App, users can contact email@example.com, use the contact form below, or contact the following addresses:
BERNMOBIL Info & Tickets
Phone: 031 321 88 44
Phone: 033 225 13 16
Phone: 041 369 65 65
RBS Bahnhof Bern
Neuengassunterführung im Bahnhof
Phone: 031 925 56 60
RBS Bahnhof Worblaufen
Phone: 031 925 56 70
RBS Bahnhof Jegenstorf
General Guisanstrasse 7
Phone: 031 925 58 89
St. Leonhardstrasse 20
9001 St. Gallen Phone: 071 226 88 99
Zugerland Verkehrsbetriebe AG
An der Aa 6
Phone: +41 41 515 58 60
Effective from June 1, 2023.