General terms and conditions for the purchase and use of the app MOOVME and electronic tickets

1   Scope of Application

These General Terms and Conditions (hereinafter referred to as „GTC“) apply to the use of the app “MOOVME-Bus, Bahn, Zug und mehr” 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.

HandyTickets are sold on the app MOOVME 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:

• Bus company in the MDV-area (Busunternehmen im MDV) (Regionalbus Leipzig GmbH representative of the bus companys Nordsachsen Mobil GmbH (NoMo), Omnibusbetrieb Saalekreis (OBS) GmbH, Personenverkehrsgesellschaft Burgenlandkreis mbH, PNVG Personennahverkehrsgesellschaft Merseburg-Querfurt mbH, THÜSAC Personennahverkehrsgesellschaft mbH)
• Verkehrsverbund Mittelsachsen GmbH (VMS)
• Hallesche Verkehrs-AG (HAVAG)
• DB Regio AG

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)
• Zweckverband Verkehrsverbund Oberlausitz-Niederschlesien (ZVON) and
• Verkehrsverbundes Vogtland (VVV)

as well as the fare regulations of the transit companies of the MDV and other Saxonian transit companies 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 HandyTickets”, downloading and installing the app MOOVME for Android or iOS 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 HandyTickets” service. MDV and its partners cannot guarantee a continuous and uninterrupted availability of online sales.

For ticket security reasons only personalized tickets are offered in the “MOOVME HandyTickets” sales service. For control purposes, the following personal data will be visible on the electronic ticket: Name, first name and date of birth (the latter only for MDV tickets). In case of a ticket inspection, a valid photo ID must be available and presented upon request. Time cards are tracked in a blacklist system.

It is possible to purchase tickets for a selected connection (valid from the planned start of the ride) on the current day, using the connection search in the app. Mobile tickets bought in the app (under menu item „Tickets“) are valid for immediate use. The purchase of HandyTickets with a validity date after the date of purchase (advance purchase) is not possible. The client is not entitled to the purchase of MOOVME HandyTickets in advance.

After downloading and installing it, the app MOOVME app will enable clients to buy electronic tickets cashlessly. 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 correct, trouble-free and timely transfer is the principal responsibility of the provider. 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 buy a MOOVME HandyTicket before boarding a transit company vehicle (start of ride) and, for the above-mentioned reasons, verify that he/she has actually acquired a valid ticket before the ride commences. If ticket inspection reveals that purchase took place after the start of the ride, the ticket is considered not a valid ticket in the sense of the homogenized MDV, VMS, VVO, ZVON and VVV conditions of transport and the fare regulations of the transit companies in the MDV network and other Saxonian transit networks.

A HandyTicket bought with the app MOOVME must in case of ticket inspection be presented in the app MOOVME on the display of the mobile device. The client is obligated to show that their ticket is valid at the time of the inspection for the relevant section of the ride.

Clients are themselves responsible for the operational functionality of the mobile device and for displaying the entire ticket in case of inspection. 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 ride commences. Only HandyTickets that are displayed within the app MOOVME itself are valid tickets. Screenshots, even of valid tickets, do not entitle the holder to the use of transit services and shall be considered invalid tickets. It is not permitted to circulate screenshots of tickets or parts thereof. Users who are caught doing this will immediately be blocked in the sales system and reported to law enforcement authorities.

The app MOOVME is made available to the client free of charge. However, the client may incur additional costs caused by the us of data to download the app MOOVME 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, Schanzenstraße 70, 20357 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 need to be transmitted to the service providers mentioned above, for further information, please refer to the  privacy policy of the app MOOVME.

3   Special provisions for the display of the “Deutschlandticket-HandyTicket”

Passengers who have acquired their Deutschlandticket contract with Halleschen Verkehrs-AG (HAVAG), Regionalbus Leipzig GmbH, Nordsachsen Mobil GmbH (NOMO), THÜSAC – Personennahverkehrsgesellschaft mbH, OBS Omnibusbetrieb Saalekreis GmbH, Personennahverkehrsgesellschaft Burgenlandkreis mbH (PVG), Personennahverkehrsgesellschaft Merseburg-Querfurt mbH, Abellio Rail Mitteldeutschland GmbH as well as with the transport companies in Verkehrsverbund Mittelsachsen GmbH (VMS) can display their ticket in the MOOVME app. To do so, downloading and installing the app “MOOVME” for Android or iOS operating systems on a mobile device is required.

For ticket security reasons only personalized ticket are available as a Deutschlandticket. For control purposes, the following personal data will be visible on the electronic ticket: Last name, first name and date of birth. In case of a ticket inspection, a valid photo ID must be presented upon request. Deutschlandtickets are tracked in a national blacklist system.

After downloading and installing, the MOOVME app will enable clients to display the Deutschlandticket. Purchased transit tickets are sent to the customer’s mobile device, with a new ticket being issued each month. The app requires a continuous online connection to function. MDV and its partner transit companies point out that the transfer of the tickets takes place via the mobile network of the client’s mobile phone provider and that a correct, trouble-free and timely transfer is the principal responsibility of the provider. 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 buy a MOOVME HandyTicket and have it readily available on their smartphone before boarding a transit company vehicle (start of ride) and, for the above-mentioned reasons, verify that he/she has actually acquired a valid ticket before the ride commences. If ticket inspection reveals that purchase took place after the start of the ride, the ticket is considered not a valid ticket in the sense of the homogenized MDV, VMS, VVO, ZVON and VVV conditions of transport, the fare regulations of the transit companies in the MDV network and other Saxonian transit networks as well as the fare regulations of the Deutschlandticket.

When using a Deutschlandticket with the app MOOVME, it must be presented in the app MOOVME on the display of the mobile device in case of ticket inspection. The client is obligated to show that their ticket is valid at the time of the inspection for the relevant section of the ride.

4  Special provisions for the use of CheckIn

The offered “CheckIn” functionality enables customers to purchase electronic tickets. Before boarding the transit vehicle or entering the ticketed area, customers need to carry out a check-in process and after off-boarding they are to carry out a check-out process. During the ride the distance is recorded and at the end of the CheckOut process the corresponding fare is calculated.

By activating the corresponding button in the app (the check-in process), the current location is marked and a contract is concluded on behalf of the corresponding KVP. Acceptance of the contract by the partner is implied upon provision of the ticket in the form of a barcode in the app.  After deactivating the switch in the app (the check-out process), the app calculates the distance travelled and the corresponding fare, after which it initiates the debiting process of the specific amount to the provided means of payment.

Customers cannot assert any claim to the availability of functionality. Use of the functionality, therefore, is at the customer’s own risk. Customers are responsible for protecting their smartphone against any unauthorised access. No liability is accepted for use, content, functionality or malware. If the use of the app or the purchase of an electronic ticket should prove impossible for technical reasons, any liability for any resulting damage is rejected. Lack of functionality of the app in no way legitimises customers to start a journey without a valid travel authorisation.

All electronic tickets are valid from the moment the check-in process is completed. It is not possible to buy tickets in advance that will be valid at a later date. The electronic tickets are personal and may not be transferred or forwarded to another mobile phone. Customers may not make their mobile phones available to other individuals for travelling with electronic tickets.

Customers must have a functioning mobile phone with the Android (Google) operating system, without “rooting” or “jailbreak”, and an activated and functioning SIM card that guarantees the reception of mobile data when accessing a mobile phone network. Use of the app is supported from Android version 11 and up. Customers must also have location services (on high accuracy) activated on their mobile phone from the moment the check-in process starts and at least until the check-out process has been completed. No liability is accepted for any mobile phone connection costs incurred through the use of the application.

The application’s access to the motion sensors installed in the mobile phone must be activated and the application must be allowed to send notifications (push notifications).

4.1   Making Sure Technical Requirements Are Met

Customers are solely responsible for the capabilities of their mobile phones and must ensure the availability of technical parameterisation and the functionality of the device (including access to the network and power supply). Customers must make sure there is a functioning data connection and that location services are switched on, both during the check-in and check-out processes as well as during the entire journey, and they must ensure there is sufficient battery power for the entire duration of the journey. Activation of the power-saving mode is not permitted, because this can negatively affect the precision of the localisation.  The check-in and check-out processes cannot be carried out without a data connection. During the check-in process, additional time for the purchase process must be taken into account, in case the network performance is weak (e.g. EDGE, E, GPRS) or the localisation options are limited. Should the check-in process prove impossible for technical reasons, customers must obtain a valid ticket from another sales channel. If not, they will be considered passengers travelling without a valid ticket.

To determine location, the application uses the location data provided by the mobile phone and the software on it. In order for this to function properly, customers are obliged to activate or allow the location function at the highest possible accuracy level (with both location services (GPS) and WiFi activated) when using the application on the mobile phone and the mobile phone asks for the corresponding permission when starting the application. Location must remain activated until the check-out process is fully completed. Deactivating location services and activating flight mode are not allowed.

If the mobile phone connection is interrupted for technical reasons during the ride (after the check-in process) or if the application is no longer functional (e.g. empty battery, system crash), an automated check-out process will be carried out after 10 minutes, and the ticket will lose its validity. If functionality is restored within these 10 minutes, the ticket remains valid until the customer has completed the check-out process.

If the application, using the sensors of the mobile phone, determines that a customer is presumably no longer on the journey and the check-out process has not yet been carried out, the application shall issue a warning on the mobile phone to indicate that the check-out process may have been forgotten. A prerequisite for displaying this warning is that customers have allowed notifications on their mobile phone. If, for technical reasons, a check-out at the end of the journey was not possible, customers must contact customer service immediately, stating their route, location and time the journey ended. This also applies to any and all other claims.

4.2   Validity of Electronic Travel Validation

The electronic travel validation contains information about the fare zone, departure stop, ticket validity (date and time) and date and time of check-in.

Electronic tickets are valid from the moment the check-in process is completed successfully. The validity of the travel validation ends when the check-out process is started. If you need to transfer to another bus or train to continue your journey, you do not need to check out when doing so. The check-out process is only necessary after the entire journey has been completed. Customers themselves are responsible for completing the check-out process at the proper time. Should the check-out warning appear at the wrong time or not at all, this will not relieve the customer from their responsibility to complete the check-out process at the proper time. We accept no responsibility for any costs incurred by the customer as a consequence of not completing the check-out process at the proper time. An electronic travel validation activated via the application can be neither changed nor exchanged. A travel validation obtained through a check-in process is excluded from the right of withdrawal.

Extending the period of validity of the ticket after the check-out process has been completed is not possible. The fare for tickets purchased using the application is calculated on the basis of the check-in and check-out data, the collected location data, and the applicable fare regulations. If several journeys are made in one day, the optimal price is calculated for all journeys together.

Customers are obligated to show the mobile phone to the control staff and, on request, display all control elements (via the ticket button) and all display levels (e.g. detailed display). Ticket inspectors may check the travel validation more than once per journey.

Any discount entitlements must be presented together with the mobile phone. At the request of the inspector, the mobile phone must be handed over for inspection purposes. The inspector is authorised to use the mobile phone for regular ticket inspection. Customers must comply with the instructions of inspectors. If the customer is unable to present the electronic travel validation at all display levels and with all control elements, or if an electronic travel validation cannot be inspected because the smartphone was not updated or due to functional errors of the mobile phone or due to an illegible display or illegible parameterisation of the font type, the customer will be considered a passenger without a valid ticket. The electronic travel validation cannot be presented retroactively.

If, for whatever reason, customers cannot or do not wish to present a valid or verifiable electronic travel validation, they shall be considered as passengers without a valid ticket. The individual travelling without a valid ticket must pay a fee in accordance with the applicable fare regulations.

4.3   Area of Validity

Tickets for journeys outside the MDV transit area cannot be purchased with this application; a valid ticket for such a journey must be purchased by other means before starting the ride.

The use of the CheckIn-function is not permitted in neighbouring networks with a transitional fare. Journeys in flexible service formats that operate without a timetable (e.g. Flex on-call bus) and journeys in on-demand services in the cities of Halle (movemix_shuttle) and Leipzig (Flexa) are excluded from this service. If the customer’s journey starts or ends within a transit zone, the MOOVME CheckIn-funktion cannot be used.

4.4   Fare Products, Price Calculation and Best Price

The following MDV fare products can be acquired with the application: Single ticket, short ride single ticket, 24 hour pass. Discounts with a valid ABO Flex pass on the Single ticket and the Short ride single ticket are possible. Reduced fare products (e.g. for children) cannot be processed in the CheckIn-funktion in MOOVME. Additional persons, children, bicycles, dogs and/or bulky luggage items are not allowed. Customers must themselves ensure that existing discount entitlements are activated in the application settings.

CheckIn-tickets for rides that occur within 24 hours of the start of the first journey will be combined into cheaper ticket combinations, provided the applicable fare conditions allow it. This only applies if the customer uses the application for all of the rides with the same mobile phone numbers registered during the period in question, with the same personal details and the same means of payment. We cannot guarantee that the app will always find the cheapest possible ticket combination. If additional tickets are purchased in MOOVME on the same day via other channels (e.g. via Connection Information), these tickets will be charged separately. No price cap will be applied in that case.

4.5   Support

The customer can change or cancel incorrectly recorded or wrongly priced journeys via our customer service within 14 days of the start of the journey. If the customer service department can verify that the customer was charged an incorrect fare through no fault of their own, a new price will be calculated and, if the complaint is justified, the difference will be refunded. The customer must provide details of the date of the journey, the route, the location and the time at which the journey ended.

5   Transfer of use of the MOOVME app

The app MOOVME 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 app MOOVME, the client enters into a user contract.

Any improper use, alteration and/or modification of the app MOOVME 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.

6   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 in the MOOVME app, which means providing the following personal 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)

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, Google Pay and Apple Pay) and corrections of incorrect entries etc.

The client also has the possibility to buy mobile tickets by means of the payment method PayPal and credit card without registering in the MOOVME sales service. In that case, the required data must be entered with each purchase. In case of an unregistered purchase by means of the payment method PayPal, personal data (first name, last name, e-mail address) will be transmitted to the sales service MOOVME. These data are needed for ticket personalization, order confirmation and to create a ticket receipt (see Section 2).

7   Ordering MOOVME HandyTickets and Conclusion of Contract

The contract is concluded with the selected CP. By ordering the desired mobile phone ticket with the app MOOVME, the client submits a binding offer to conclude a purchase contract. Acceptance of the purchase contract is effected 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.

Reimbursements and cancellations in the event of non-use or partial use of MOOVME HandyTickets are excluded in the network tariffs in deviation from Annex 2 regarding art. 10 (2) of Part A of the Standardized conditions of transport of the MDV, VMS, VVO, ZVON and VVV transit networks. For reimbursement of tickets as part of the tariffs of railroad companies within local transit in Saxony, the passenger rights according to the “European Regulation (EC) 1371/2007 on rail passengers‘ rights and obligations” apply. Information on exercising your passenger rights available at: https://www.moovme.de/faq/

8   Payment Method and Notice of Assignment

8.1   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.

8.2   Payment procedures

For the payment of booked tickets, the following regulations apply in addition to the provisions described above. The client can not claim a right to participation in any of the mentioned payment processes. 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),
• Payment with PayPal,
• Google Pay and Apple Pay.

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

8.3   Collection of 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 or after a price calculation for the trips has been completed using CheckIn. 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.

8.4   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 app MOOVME. 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.

8.5   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 his 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“.

8.6   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 are asked to enter the required data. A non-registered client will have to confirm the payment. A registered client will enter into a Billing Agreement with LogPay, which allows for the client’s PayPal account 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 his PayPal account is successfully completed. The client shall receives either a confirmation or refusal.

9   Data transmission 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 app MOOVME, 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.

10   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.

11   Dial-a-Bus Reservations (RufBus)

With the app MOOVME you can book Dial-a-Bus services (RufBus) that are offered on the respective platforms of:

• Regionalbus Leipzig GmbH, Leipziger Straße 79, 04828 Deuben,
• Nordsachsen Mobil GmbH, Dresdener Str. 54, 04758 Oschatz and
• THÜSAC Personennahverkehrsgesellschaft mbH, Industriestr. 4, 04603 Windischleuba

To do so, the passenger must request a timetable information via the app to receive information about a transit ride with the RufBus or a combination of a regular bus ride with a RufBus ride. If desired, the RufBus ride can be booked using a “Buchen” (Booking) button.

In order to make use of these services, a one-time registration in the app MOOVME by means of web view on the respective RufBus platform with your personal data is contractually necessary. This requires a previous registration with the sales service “MOOVME HandyTickets” (see Section 4).

User data stored in the app (first name, last name, e-mail and phone number) are used for the one-time registration on the linked RufBus platform. There will be a data transmission of the user data from the app to the autonomously operated RufBus platform. In response, the RufBus platform will send a customer ID and a ride confirmation to the app MOOVME. The generated customer ID can be used for future bookings as well as for cancellations of booked rides without having to transmit one’s customer data again.

After successful registration, the respective RufBus platform operator becomes the contractual partner of the client and becomes responsible under data protection law for processing the client’s data for the use of the RufBus services.

In all questions concerning RufBus services, the respective RufBus platform operator shall be available to the client.

12   Rights and Obligations of the Client

The client is entitled to use the internet-based sales services to the contractually agreed extent for the duration of the usage transfer agreement for the app MOOVME.

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.

If a mobile device used for the “MOOVME-HandyTicket” sales service is lost or stolen, the customer is obliged to immediately temporarily block his or her user account by reporting to MOOVME support at moovme@mdv.de or by calling 0341 52 98 38 18 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 his reporting obligations may be charged to the client.

13   Termination

The client has the right to cancel the “MOOVME HandyTicket” service relationship at any time  via the app without providing reasons by submitting a deletion request of his user account. Alternatively, the customer can also cancel the user account independently in the customer account in the app under the settings. 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 cancel 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)

14   Consumer Dispute Resolution

Participation in dispute resolution proceedings before the söp Schlichtungsstelle für den öffentlichen Personenverkehr e.V. is stipulated in article 16 (3) of the Standardized Conditions of Transport of the MDV, VMS, VVO, ZVON and VVV transit companies.

15   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. Subagreements, amendments or supplements must be made in writing in order to be effective, also the written form requirement must be waived.

As per date: July, 2024