General Terms and Conditions

for the purchase and use of the MOOVME app and electronic tickets

 

1. Scope of Application

These General Terms and Conditions (hereinafter referred to as „GTC“) apply to the use of the MOOVME app and the electronic tickets that can be purchased by means of this app, hereinafter referred to as „MOOVME HandyTickets“. They regulate the provisions governing the purchase of MOOVME mobile phone tickets for local public transport in the area of the Mitteldeutsche Verkehrsverbund (hereinafter referred to as „MDV“) as well as from the MDV area into other transit networks in Saxony, as part of the „Sachsen mobil“ project, starting 15/11/2020.

HandyTickets are sold by means of the MOOVME app in the name and on account of the client contract partner selected by the user in the app (hereinafter referred to as “CCP“). Currently the following transit companies can be selected as CCP:

  • DB Regio AG
  • Hallesche Verkehrs-AG (HAVAG)
  • Omnibus-Verkehrsgesellschaft mbH „Heideland“ (OVH)
  • Regionalbus Leipzig GmbH

The contract partner to the transport agreement is the transit company whose means of transport are used; if the means of transport is operated under contract, the contracting entity is the contract partner.

In all other respects the transit networks’ uniform conditions of transport apply:

  • Mitteldeutscher Verkehrsverbund MDV
  • Verkehrsverbund Mittelsachsen (VMS)
  • Verkehrsverbund Oberelbe (VVO)
  • Verkehrsverbundes Vogtland (VVV) and
  • Zweckverband Verkehrsverbund Oberlausitz-Niederschlesien (ZVON)

as well as the fare regulations of the transit companies of the MDV in their current versions.

2. Special Terms and Conditions for the “MOOVME HandyTicket“ sales service

To purchase tickets with the smartphone-based sales service „MOOVME-HandyTicket“, downloading and installing the „MOOVME App“ for iOS or Android operating systems on a mobile device is required.

In the smartphone-based “MOOVME-HandyTicket” service a limited range of ticket types can be offered. This range of ticket types can be adapted at any time without prior notice. The client has no right to the purchase of tickets by means of the „MOOVME-HandyTicket“ service. MDV and its partners cannot guarantee a continuous and uninterrupted availability of online sales.

The purchase of tickets with a validity date later than the date of purchase (advance sale) is only possible for certain select products, often in conjunction with travel outside of the transit network. Mobile phone tickets within the MDV fare rate system are only valid for immediate travel, with the exception of the return journey with a hopper ticket. The client is not entitled to the purchase of MOOVME-HandyTickets in advance.

The MOOVME app enables clients to purchase electronic tickets cashlessly after downloading and installing it. Purchased tickets are immediately sent to the client’s mobile device. MDV and its partners point out that the transfer of the tickets takes place via the mobile network of the client’s mobile phone provider and that this provider is mainly responsible for a correct, trouble-free and timely transfer. Therefore, delays in transmission can occur, in particular in the event of disruption or unavailability of the mobile network or Internet connection.

The client must purchase the MOOVME HandyTicket before boarding a vehicle of the transit company (start of journey) and, for the above-mentioned reasons, make sure that they have acquired a valid ticket before the start of the journey. If the ticket inspection reveals a purchase after the start of the journey, the ticket is not a valid ticket in the sense of the homogenized MDV, VMS, VVO, VVV and ZVON conditions of transport and the fare regulations of the transit companies of the MDV.

If a HandyTicket is bought with the MOOVME app, it must be possible to show the ticket on the display of the mobile device for purposes of ticket control. To that extent, the client is responsible for the operational readiness of the mobile device and for displaying the complete content of the ticket in case of inspection by staff. This also includes taking the necessary precautions against abuse. The mobile device must be carried on board and in areas that require tickets at all times and must be presented and, if necessary, also handed over to the transit companies’ inspection staff on request.

If proof of MOOVME HandyTicket purchase cannot be provided during ticket control due to failure of the mobile device (e.g. due to technical faults, empty battery), this will be considered travelling without a valid ticket. In case of unavailability or faulty or incomplete transmission of the MOOVME HandyTicket, the client must purchase a valid ticket elsewhere before the journey begins. Only HandyTickets displayed in the MOOVME app are valid. Screenshots, even of valid tickets, do not entitle the holder to the use of transit services.

The MOOVME app is provided to the client free of charge. However, the client may incur additional costs caused by using data to download the MOOVME app or the tickets/tickets purchased therein. Costs may vary depending on the mobile phone provider. The data fees are determined by the client’s contract with the respective mobile network provider.

To provide the sales services, MDV and its partners use the IT service provider EOS UPTRADE GmbH, Hamburg and the financial company MOOVME-HandyTicket LogPay Financial Services GmbH, Schwalbacher Straße 72, 65760 Eschborn (hereinafter called „LogPay“). For this purpose, certain personal data will have to be transmitted to the service providers mentioned above; for further information, please refer to the MOOVME app privacy policy.

 3. Permission of usage of the MOOVME app

The MOOVME app is available free of charge and in two versions: for users of mobile devices with the iOS operating system via the „App Store“ platform of the provider Apple and for users of mobile devices with the Android operating system via the „Google Play“ platform of the provider Google Inc. By confirming the download of the MOOVME app, the client enters into a user contract.

Any improper use, alteration and/or modification of the MOOVME app is not permitted. The client is also not entitled to rent, lend, sell, license, assign or otherwise transfer the permission granted to them by means of the program.

4. Registration

In order to be able to use the e-payment service for the purchase of tickets of the „MOOVME-HandyTicket“ sales service to the full, the client must register via the MOOVME app, providing the following data truthfully and completely:

  • Title
  • Name and complete address
  • Date of Birth
  • Email address
  • Desired payment method: Bank account with IBAN no. (in case of SEPA direct debit)
  • Credit card data (In case of credit card payment)
  • Mobile phone number (optional)

Clients are responsible for the correctness of their own data. This also applies to changes of address, name, payment data (PayPal, direct debit, credit card, provider payment) and corrections of incorrect entries etc.

The client also has the possibility to purchase without registration by using PayPal or provider payment. In that case, the required data must be entered with each purchase.

5. Ordering and Conclusion of Contract

The contract is concluded with the selected CP. By ordering the desired mobile phone ticket with the MOOVME app, the client submits a binding offer to conclude a purchase contract. Acceptance of the purchase contract goes into effect by sending the electronic ticket in form of a MOOVME HandyTicket. After conclusion of the contract (ticket delivery) a purchase confirmation will be sent by e-mail. The purchase price is due immediately. No refunds or cancellations possible.

6. Payment Method and Notice of Assignment

6.1 Notice of Assignment

The collection of ticket fees is carried out by LogPay, to which all fee claims including the claim for reimbursement of any additional claims and fees were sold and assigned (notice of assignment). LogPay is a third-party beneficiary in the following provisions and is also authorized to carry out debt collection in its own name and for its own account.

6.2 Payment procedures

For the payment of booked tickets, the following regulations apply in addition to the provisions described above. The client does not have a right to participate in any of the payment methods mentioned. All payment methods are only available to people over the age of 18 who are fully contractually capable.

The client can choose from the following payment methods:

  • SEPA direct debit,
  • Credit card (Visa, MasterCard or American Express),
  • Provider payment,
  • PayPal.

All other payment methods excluded. Payment by means of SEPA direct debit required registration with personal data and information on the respective payment method.

6.3 Collection and objections to bill

LogPay usually collects the bill amount via the SEPA direct debit scheme or via credit card within the next five (5) bank working days after purchase of the ticket. Debiting of the account or credit card is dependent on the processing of the client’s payment service provider. A list with the ticket purchases (hereinafter also referred to as the „Sales Overview“) contains the individual purchase records and can only be viewed and retrieved electronically by registered clients via the web shop. Non-registered clients can retrieve the respective proof of purchase via the app up to 2 hours after ticket expiration.

6.4 Payment by SEPA direct debit

When choosing this payment method, the personal data of the client (first name, last name, address, date of birth and e-mail address) and a bank account number within the European Union are required for the clear allocation of a payment for purchased tickets.

By selecting this payment method, the client authorizes LogPay, consenting to these GTC, to collect payments from their specified account within the European Union via SEPA direct debit. They simultaneously instruct their payment service provider to redeem the direct debits drawn by LogPay to its account. The client is informed that they can request reimbursement of the debited amount within eight weeks, starting from the debiting date. The conditions agreed with their payment service provider shall apply. In case the client is not the account holder of the specified account, by entering the data the client they declare to have the consent of the account holder for SEPA direct debit.

The client undertakes to provide all account data required for participation in the SEPA Direct Debit Scheme (in particular: account holder, bank account number (IBAN, international bank account number) and to enter the data in the form provided for this purpose in the MOOVME app. In the SEPA Direct Debit Scheme, the client receives a prenotification from LogPay with the collection date and amount. The client shall receive the prenotification at least two (2) days before the collection. The prenotification is sent electronically with the order confirmation to the e-mail address provided.

The client waives the requirement to obtain a written SEPA Direct Debit Mandate by giving their consent to these General Terms and Conditions. The client declares their waiver towards the client’s payment service provider, the creditor’s payment service provider and the creditor. The client agrees to the transfer of their waiver to the aforementioned parties. If the waiver loses its validity or becomes ineffective, the client is obliged to submit a written mandate without delay. It is sufficient to send an e-mail to sepa@logpay.de, requesting the SEPA Direct Debit Mandate Form. The client will then receive the SEPA Direct Debit Mandate form, which they must complete, sign and return to LogPay by post. In case the client is not the account holder, the client is obliged to forward the mandate reference number to the account holder.

The client must ensure that the specified account has sufficient funds so that the SEPA direct debit can be collected. If a SEPA direct debit returns without authorisation by the payer or if collection from the payer’s payment service provider fails for reasons that are the responsibility of the payer – in particular if due to insufficient funds, incorrect or invalid bank details or objection – the payer is obligated to provide sufficient funds and/or to ensure that the reason for the payment disruption is rectified so that, in addition to the outstanding amount, the bank’s fees incurred can be collected on the date specified in the reminder. The selected CCP as well as LogPay are entitled to claim additional damages caused by the delay in payment.

The client can not claim a right to participation in the SEPA Direct Debit Scheme.

6.5 Payment by Credit Card

Payment of purchased tickets by means of credit card is only possible with Visa, MasterCard and American Express (Amex). Other credit cards are not accepted.

During the payment process, the following client credit card data are collected:

  • First and last name of the credit card holder,
  • Credit card type (Visa, MasterCard or American Express),
  • Credit card number,
  • Credit card expiration date,
  • Credit card CVC code,

which are transferred to the server of LogPay for collection.

The system of LogPay checks the credit card data provided by the client for correctness and, if applicable, checks for existing blocking notices of the respective credit card issuer. In the event that the client is not the holder of the credit card used, the client assures, by entering the data, that the card holder consents to the debit. The client must also ensure that the credit card used is not blocked and has sufficient credit limit. Should the authorization fail for any reason, the client will receive an error message.

The time of the debit from the client’s account is determined by the client’s credit card agreement with their payment service provider. If the client’s payment service provider supports the “3D-Secure-Procedure” (Verified by Visa / MasterCard® SecureCode™), this will be used for credit card payments to increase security against abuse.  If the client’s payment service provider does not support the 3D Secure procedure or does not consider it necessary to carry out the 3D Secure procedure, the procedure shall not be carried out. All questions regarding the 3D-Secure procedure are dealt with by the card issuing institute.

The client must ensure that collection by means of the credit card is possible. If the client unjustifiably initiates a charge back (return of the amount) or the collection of the amount fails for reasons for which the client is responsible, the client shall be obliged to provide sufficient funds or to ensure that the reason for the payment disruption is remedied so that, in addition to the outstanding amount, any fees incurred by the payment service provider can be collected on the date specified in the reminder. The selected CCP as well as LogPay are entitled to claim additional damages caused by the delay in payment.

The client can not claim a right to participation in the credit card payment process. LogPay is the first point of contact for all credit card transactions of the client (cardholder) in connection with the sales service „MOOVME-HandyTicket“.

6.6 PayPal Payments

To pay with PayPal, the client must select PayPal as the payment method. They are then directed to the PayPal site where they enter the required data. As a non-registered client, they confirm the payment. As a registered client, the client enters into a Billing Agreement with LogPay, under which the client’s PayPal account is to be debited with the due amount. The purchase offer of the non-registered or registered client can only be accepted if the debiting of their PayPal account is successfully completed. The client shall receive either a confirmation or refusal.

6.7 Payment via Mobile Phone Bill (MNO-Billing)

Payment via Mobile Phone Bill (MNO billing) is only possible with German mobile phone network providers. The payment of third-party services may not be blocked.

To pay with MNO billing, the client must select MNO billing as the payment method. They will then be directed to the MNO provider website where they must enter their mobile phone number and the name of the network provider. After data confirmation, the system will check whether MNO billing is supported for the mobile phone number that was entered. If MNO billing is supported, the client will receive an SMS with a TAN sent to the mobile phone number entered previously. The client must enter this TAN in the designated field on the website. After successful verification of the TAN, the ticket will be issued to the client via the app/webshop. The client will not receive a separate receipt for the ticket purchase. After ticket purchase a confirmation will be sent to the client’s e-mail address.

In case of MNO billing, the CCP reserves the right to charge the client an additional service fee in addition to the ticket price. The service fee will be shown the client before ticket purchase. The service fee will not show on the purchased ticket.

MNO billing is subject to a maximum of 50 euros, including the service fee, for each individual transaction. Higher amounts cannot be paid by MNO billing.

The ticket price and the service fee will appear as a total price on the client’s mobile phone bill and are collected with the mobile phone bill.

7. Data trasmission and Liability for Hardware and Software Damage

Transactions that fail due to incorrectly used or installed software or hardware of the client will be fully charged if the data transfer of ticket orders on the servers used by MDV and its partners is carried out completely and successfully and the tickets have been sent. MDV assumes no liability for damage to the client’s hardware or software that could be caused by the use of the MOOVME app, unless the damage was caused by intentional or grossly negligent actions of its employees or employees of partners or service providers of companies commissioned by MDV. The MDV is not liable for damages that may arise from the data transfer.

8. Data Protection

The client’s personal data and all relevant processing are carried out in accordance with the provisions of the German Basic Data Protection Regulation (DS-GVO) and other relevant laws by MDV GmbH and the client contract partners within the framework of joint responsibility in accordance with § 25 DS-GVO. For this purpose, various service providers/processors are used in accordance with § 28 DS-GVO.

Detailed information on the processing of client-specific data can be found in the app’s privacy policy. It is available at the following Internet address or in the app: https://www.moovme.de/app/datenschutz-de/

9. Rights and Obligations of the Client

The client is entitled to use the internet-based sales services to the extent agreed upon in the contract and for the duration of the contract for the use of the MOOVME app.

The client is obligated to protect access data (user name and password) against unauthorised use by third parties and to keep their password safe. The client has to immediately inform the provider if they have a reasonable suspicion that their access data have been misused. Each client bears full responsibility for their own activities during use.

The client is obligated to update the personal data provided during registration in case of changes, using their personal login area of the app. This applies in particular to their address, e-mail address and details of the chosen payment method. If the client does not comply with their reporting obligation, MDV and its partners are entitled to charge the client with the expenses that arise from this.

In case of loss or theft of the mobile device used for the „MOOVME-HandyTicket“ sales service, the client is obligated to immediately have their user account temporarily blocked by calling MOOVME support at 0341/ 91353637 in order to prevent misuse. Until receipt of the notification, the client shall be liable for claims arising up to that point. Every purchase or use of services that happened on the account registered by the client is considered to have been initiated by the client themselves until the time of blocking. Additional expenses incurred by MDV and its partners due to the fact that the client does not meet their reporting obligations may be charged to the client.

10. Termination

The client has the right to cancel the service relationship without providing reasons for the service „MOOVME-HandyTicket“ at any time via the App by submitting a deletion request for their user account. Until the final termination of the service relationship after a cancellation, these terms and conditions continue to apply. Open claims against the client remain unaffected by the cancellation.

The selected CPP reserves the right to block or delete the client account and to exclude the client from further use of the “MOOVME-HandyTicket” service, if the client has provided incorrect data during registration, violated legal regulations in connection with the “MOOVME-HandyTicket” service, infringes on the rights of third parties, these GTC or any other applicable contractual terms and conditions, or for any other good reason (in particular if a direct debit is returned by the client without authorisation or if collection of a due claim from the client’s payment service provider fails for reasons for which the client is responsible).

11. Verbraucherstreitbeilegung

Die Teilnahme an Streitbeilegungsverfahren vor der söp Schlichtungsstelle für den öffentlichen Personenverkehr e.V. ist in § 16 (3) der einheitlichen Beförderungsbedingungen des MDV, VMS, VVO, VVV und ZVON geregelt.

12. Final Provisions

In case individual provisions of these GTC be wholly or partially invalid or lose their legal validity at a later time, the validity of the remaining provisions of the GTC shall not be affected. In place of the invalid provision, the legal provisions shall apply. The same applies if there is an unforeseen omittance in the General Terms and Conditions.

The exclusive applicability of German law is stipulated. Sub-agreements, amendments or supplements must be made in writing in order to be effective, also the written form requirement must be waived.

As per date: June 2020