Too old to qualify for the student fare?
I wanted to go to a show after seeing an advert that said «AVS/AI CHF 20, students under 25 CHF 10». With my student card in hand, I went to the ticket office, certain that I would be eligible for the reduced rate. I was told that I had to be both a student and under 25, a condition that wasn’t mentioned anywhere on the price list. After several fruitless attempts to sort it out, I gave up on my plan, much to my regret. Wasn’t the venue obliged to grant me the reduced fare, even though I was over 25?
C, Onex
Your reading is not bad, but it won’t necessarily guarantee you a discount.
A price displayed to the public is not merely an informal indication: Article 7 of the Swiss Code of Obligations (CO) sets out various consequences depending on the type of business or activity concerned. For example, displaying goods with their prices is, in principle, deemed to constitute an offer. However, this is only the case if the person making such an offer has not made any reservations and their intention to enter into a contract is evident from the circumstances. In other situations, the law considers that advertising prices constitutes an invitation to potential customers to make an offer, which the trader may refuse. Contractual freedom therefore remains a fundamental principle of our law.
Concessionary rate
In this case, it is necessary to determine what the establishment you approached had actually advertised: a «student» rate and an «under-25» rate applied cumulatively, or two alternative categories combined under a single price? Article 18 of the Swiss Code of Obligations requires that the parties« actual intention be ascertained and, failing that, the meaning that a recipient acting in good faith would have attributed to it, in accordance with the principle of good faith. A slash between »student« and »under 25«, without »and’, is naturally read as listing two groups eligible for the same fare, not as a dual condition. The Federal Court has repeatedly emphasised that the ambiguity of a clause drafted unilaterally must be held against its author.
The Ordinance on Price Indication (OIP) reinforces this analysis: according to Article 10, entertainment and leisure services are subject to a requirement for clear pricing. A condition of access that is not displayed is, by definition, not clearly indicated. Furthermore, providing vague information and then applying the most restrictive interpretation at the ticket office may constitute a prohibited practice within the meaning of Article 3 of the Unfair Competition Act (UCA).
It follows, therefore, that you were entitled to claim the reduced rate on the basis of the notice as it was worded. Let us hope that, in light of these explanations, the venue in question will be kind enough to invite you to its next performance!
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