Sale of Mobile- and OnlineTickets through the ticket shop of MVV GmbH
General Terms and Conditions of Business and Data Privacy Principles
1. General provisions
(1) These General Terms and Conditions of Business shall apply to the purchase and use of Mobile-/OnlineTickets through the ticket shop of Münchner Verkehrs- und Tarifverbund (hereinafter referred to as "MVV GmbH"), which trades in the name and on account of the transport company Busbetrieb Josef Ettenhuber GmbH. They supplement the "General Terms and Conditions of Conveyance, Tariff Provisions and Fares" of the MVV common fare system for the Greater Munich Area (MVV-Gemeinschaftstarif), as amended. The German version of these General Terms and Conditions of Business shall be pertinent.
(2) In order to process the e-Payment services (e.g. webshop, mobile app) MVV GmbH uses the services of the IT service provider EOS UPTRADE GmbH, Schanzenstraße 70, 20357 Hamburg, and the financial services provider LogPay Financial Services GmbH (hereinafter referred to as "LogPay"), Schwalbacher Straße 72, 65760 Eschborn. For this purpose, any personal details required in order to fulfil the contract are forwarded to the service providers specified.
(3) The payment due for the Mobile-/OnlineTickets shall be processed by LogPay, to which all of these receivables including possible accessory claims or fees have been sold and assigned (notice of assignment). LogPay is a third-party beneficiary of the following provisions. It is, in addition, authorized to effect the collection of the payment due in its own name and on its own account.
2. Registration (creating a customer account)
(1) In order to be able to purchase Mobile-/OnlineTickets in the ticket shop of MVV GmbH, the customer initially has to register there, giving correct details regarding the following points in either German or English:
(2) MVV GmbH shall not assume any liability whatsoever for the availability of the ticket shop for purchasing Mobile-/ OnlineTickets.
(3) The customer undertakes to notify any changes which are significant to the contract (e.g. address, payment method) without delay in his/her customer account. Should the customer not comply with his or her obligation to provide such information, the financial services provider shall be entitled to charge the customer the costs of the additional efforts caused thereby.
3. Purchasing and using Mobile-/OnlineTickets
(1) By ordering a Mobile-/OnlineTicket, the customer is submitting an offer to conclude a sales contract. The order is placed by clicking on the "Order now" button in the MVV Ticketshop on the website www.mvv-muenchen.de/en/ticketshop or in the MVV-App. The sales contract shall materialize between the customer and MVV GmbH. The contract is concluded by returning an email as purchase confirmation by MVV GmbH. The purchase price is due immediately. The transportation agreement shall materialize with the transport company whose means of transport is being used in each case.
(2) The tickets that are offered via this distribution channel and the amount of the purchase price are specified on the Internet at www.mvv-muenchen.de/en. The amount of the purchase price for the Mobile-/OnlineTicket can be seen from the respective applicable conveyance and tariff provisions of the MVV common fare system for the Greater Munich Area.
(3) The payment needs to be made to the financial service provider. Any telecommunications costs incurred during the ordering process and the use of the Mobile-/ OnlineTicket are to be borne by the customer.
(4) Unless it bears an exact period of validity, the Mobile-/OnlineTicket entitles the holder to commence a journey immediately. The MVV common fare system for the Greater Munich Area applies. The customer needs to purchase the Mobile-/OnlineTicket prior to commencing the journey and, if applicable, before passing through the platform barrier, and make sure that he or she has obtained a valid Mobile-/OnlineTicket. Ultimately the database entry with the IT service provider is pertinent for the validity of the Mobile-/OnlineTicket.
(5) The Mobile-/OnlineTicket is not transferable, and is only valid in conjunction with a valid ID or other means of identity verification for the individual specified on the ticket. In the case of group journeys, the individual specified on the ticket always has to travel with the party.
(6) A Mobile-/OnlineTicket and valid ID or other means of identity verification are always to be carried during the journey or in the stations for surveillance purposes, and shown to the inspectors upon request. Should the customer not be able to present a Mobile-/OnlineTicket when the tickets are inspected (e.g. due to technical faults or an empty battery, etc.), the journey shall, in accordance with the provisions of the MVV common fare system for the Greater Munich Area, be considered a journey without a valid ticket. In the event of the ticket not being available, or faulty or erroneous transmission of the Mobile-/OnlineTicket, the customer is obliged to purchase a valid ticket elsewhere prior to commencing the journey. Should the amount accidentally be debited twice, the customer may contact the following address:
Münchner Verkehrs- und Tarifverbund GmbH (MVV)
(7) If presenting the Mobile-/OnlineTicket retrospectively in the event of a complaint, the "General Terms and Conditions of Conveyance, Tariff Provisions and Fares" of the MVV common fare system for the Greater Munich Area (MVV-Gemeinschaftstarif), Sec. 9 (3) apply.
(8) Reimbursement and return of Mobile-/OnlineTicket is excluded.
4. No right of revocation or return
The customer shall have no right of revocation or right of return in regard to the Mobile-/ OnlineTicket purchased, since, under Sec. 312 (2)(5) German Civil Code (BGB), the regulations for mail order contracts do not apply to contracts regarding the carriage of passengers. Purchased Mobile-/OnlineTickets cannot be returned, revocated or cancelled, since they might be used multiple and/or might be valid immediately.
5. Termination of the customer account
(1) The customer may notify MVV GmbH that he or she is terminating the account at any time, without adhering to a period of notice, either electronically via email@example.com or in writing. Any outstanding claims against the customer (e.g. invoicing journeys not yet paid for) shall not be affected thereby. MVV GmbH may terminate the customer account regularly in writing by e-mail at any time, using the e-mail address provided by the customer and adhering to a 14-day period of notice. Regular termination occurs if the customer has not purchased any tickets for two years and has not made any changes to his or her contractual data.
(2) MVV GmbH shall in particular be entitled to effect extraordinary termination of the customer account, with immediate effect, if
In regard to the form of extraordinary termination, Clause 1 shall apply accordingly.
(3) Upon the termination coming into force, no more Mobile-/OnlineTickets may be purchased or used, with immediate effect.
6. Methods of payment and invoicing
(1) In addition to the terms described above, the following regulations apply for the payment of a ticket. All payment methods shall be available to persons over the age of 18 having full legal capacity.
(2) The customer may select from various payment methods for orders at the ticket shop:
Other methods of payment are excluded. The customer shall not have the claim to participate in one of the mentioned payment methods.
(1) The amount due is collected by LogPay via the direct debit procedure or credit card within the next five (5) bank working days after the purchase. The debit of the account or the credit card is dependent on the processing of the customer’s payment service provider. The overview of tickets purchased includes details of individual purchases, and can be inspected and accessed electronically, only by the customer, via the Internet portal www.mvv-muenchen.de/en/ticketshop.
8. Payment by means of the direct debit procedure
(1) When opting for this method of payment, personal details (Christian name, surname, address in Germany, date of birth and e-mail address) and bank account details need to be provided by the customer to enable MVV GmbH to clearly allocate a payment to a ticket purchased (Mobile-/ OnlineTicket). By opting for this payment method and agreeing to these General Terms and Conditions of Business, the customer consents to the money being debited from his or her bank account within the European Union specified, using the direct debit procedure. At the same time, the customer instructs his or her payment service provider to honor the debits drawn on his or her account by LogPay. The customer is informed that he/she can demand the refund of the charged amount within eight (8) weeks from the day of the debit. In the event of the customer not being the account holder of the account specified, the customer shall ensure that the account holder's agreement to the direct debiting of the amount due has been obtained.
(2) The customer undertakes to notify MVV GmbH of any account information required for the SEPA direct debit procedure (in particular account holder, international bank account number (IBAN) and Business Identifier Code (BIC, business mark)) and enter them on the form provided for this purpose. Within the SEPA direct debit procedure, the customer receives an advance notice (prenotification) by LogPay with the amount of the debit and the day it will be collected. It is hereby agreed that the deadline for the advance notice shall be at least two (2) days before the day on which the amount is due for payment. The prenotification is transmitted electronically with the order confirmation to the email address provided.
(3) The customer shall be obliged to ensure that there are sufficient funds in the account, so that the direct debit transaction can be concluded. Should a direct debit be unjustifiably returned by the payor or collection of the funds from his or her payment service provider fail for reasons that are the payor's fault, especially if there are insufficient funds available in the account or false or invalid bank details have been given, or if the debiting of the amount is opposed, the payor shall be obliged to ensure that there are adequate funds in the account or that the reason for the failed payment is remedied, so that, in addition to the outstanding amount, any third-party fees of the bank incurred, can be collected on the day stated in the reminder. LogPay shall be entitled to assert proceeding damage caused by delay.
(4) The customer waives the right to obtain a SEPA mandate writing. The foregoing waiver is hereby declared to the customer's payment service provider, the creditor’s payment service provider and the creditor. The customer declares that he or she is in agreement with the declaration of waiver being passed on to the aforementioned parties. In case of the loss or invalidity of the customer’s waiver, the customer is obliged to hand in a written mandate without delay. This can be done by sending an email with a request for the SEPA form to firstname.lastname@example.org. The customer receives the form that has to be sent back postal to LogPay completely filled and signed. The customer is simultaneously obliged to pass on the mandate reference number to the account holder – if the ticket purchaser is not the account holder.
9. Payment by credit card
(1) It is only possible to pay for the Mobile-/OnlineTickets purchased via the credit card procedure with Visa, MasterCard and American Express (AmEx). Other credit cards are currently not accepted.
(2) Once the ordering process has been concluded, the customer's credit data
will be recorded and transferred to the server of LogPay for the collection of payment.
(3) The payment details are verified within the first disclosure of the data. Thereby the data are transmitted to the payment service provider and an amount of 1 Euro is requested and authorized. The authorization usually expires within two (2) weeks. There occurs no booking or collection of the requested amount.
(4) The LogPay system checks the credit data given by the customer for its accuracy and any blocking endorsements made by the respective credit card issuer. If the customer is not the owner of the indicated credit card, he/she ensures that the owner agrees with the charge. Furthermore, the customer is obliged to ensure that the indicated credit card is not disabled and that there is a sufficient limit. Should the authorization of the transaction fail for any reason, an error message is displayed.
(5) The date on which the amount is debited from the customer's account is determined by the customer's respective credit card agreement with his or her payment service provider.
(6) If the payment service provider supports the 3D Secure procedure (Verified by Visa/MasterCard® SecureCode™), it is mandatory to verify the authorization to pay via 3D Secure in order to increase security against abuse.
(7) The customer has to ensure that the amount can be withdrawn from the credit card. Should the customer unjustifiably cause a chargeback of the amount or should the collection fail for reasons caused by the customer, the payor shall be obliged to ensure that there are adequate funds in the account or that the reason for the failed payment is remedied, so that, in addition to the outstanding amount, any third-party fees of the bank incurred, can be collected on the day stated in the reminder. LogPay shall be entitled to assert proceeding damage caused by delay. LogPay shall be entitled to assert proceeding damage caused by delay.
(8) The receivables resulting from ordering tickets shall appear on the customer's credit card statement of his or her payment service provider as an overall amount in euros. Detailed information on how the overall amount is made up can be viewed and accessed by registered customers via the Internet portal.
10. Liability of the transport companies and service providers involved in selling Mobile-/ OnlineTicket
(1) In order to use Mobile-/OnlineTickets it is necessary to utilize technical facilities and services of third parties. The transport companies, MVV GmbH and its service providers do not assume any liability or provide any warranty in regard to terminals, software programs, transmission channels or telecommunications and other services of third parties. They do not assume any liability for erroneous or failed transmission of the ticket if the fault does not fall within their respective sphere of responsibility.
(2) All correspondence is to be directed to MVV GmbH.
11. Blocking of customer accounts
(1) Should the customer establish that his or her customer account has been misused, he or she shall be obliged to report the latter without delay via email@example.com or the MVV customer service telephone support. Until such time as the matter is reported the customer shall be liable for the liabilities incurred up to that time. MVV GmbH shall support the customer after receiving the notification, during its business hours, to the effect that his or her customer account will be immediately blocked for use of Mobile-/ OnlineTickets.
(2) Should a transport company or service provider detect misuse, the customer account will be blocked immediately. The blocking notification will be sent by the IT service provider via e-mail. Every time a ticket is sold or services are made use of with the registered SIM card, the latter will be deemed to have been ordered by the customer until such time as the account is blocked.
(3) In the event of a payment problem of any kind, regardless of the method of payment opted for, the customer's customer account will be blocked, until the claims to payment have been settled. In such a case, the customer shall be informed about the blocking of the account by the financial service provider, by means of a formal reminder. In such a case, costs may be incurred by the customer, such as reminder fees.
12. Data privacy
12.1 Processing of e-payment services and receivables management
(1) In order to process the e-Payment services (e.g. webshop, mobile app) MVV GmbH uses the services of the IT service provider eos.uptrade GmbH, Schanzenstraße 70, 20357 Hamburg, and the financial services provider LogPay Financial Services GmbH, Schwalbacher Straße 72, 65760 Eschborn. The technical operation of the software components is delegated to eos.uptrade GmbH; all infrastructure is installed in certified data centers in Germany.
(2) The personal data provided by the customer (first and last name, date of birth, address, email address, if necessary a banking account or credit card data, if applicable mobile number) as well as data regarding the ticket purchases of the customer (order data, if necessary IP address and client, log data) and all changes are passed on to LogPay Financial Services GmbH for the purpose of the sale and assignment of the claims against the customer in connection with the ticket purchase. This is done on the legal basis of art. 6 sect. 1 sentence 1 lit. f GDPR. The legitimate interest of MVV GmbH is the outsourcing of the payment process and the receivables management. The legitimate interest of LogPay Financial Services GmbH is the collection of data for the purposes of handling payments, receivables management, the assessment of permissibility of payment methods and the prevention of payment defaults. The information regarding data protection of LogPay Financial Services GmbH can be accessed on https://landingpage.logpay.de/mobility_dsgvo_2018/. Without providing the data, the Mobile-/OnlineTicket cannot be used.
(3) LogPay Financial Services GmbH shall conduct a check of the consumer’s data and creditworthiness during the registration for the SEPA direct debit procedure and/or in consequence of the change of the payment method to direct debit procedure. The latter shall be carried out by comparing the customer personal details given with the stored date of SCHUFA Holding AG, Kormoranweg 5, 65201 Wiesbaden.
(4) LogPay Financial Services GmbH passes the customer’s credit card on to a credit card acquirer in order to check the credit card details and to process all payments via credit card.
(5) In case the customer fails to meet his or her payment obligations, the personal details are passed on to a debt collection agency for the purpose of the collection of the receivables (for example with a payment reminder) and the enforcement of the receivables (for example through legal default actions or the cooperation with a law firm in case of a legal enforcement).
12.2 Customer Service
MVV GmbH may use and store the personal data of registered customers for the purpose of customer service and also pass them on to their service providers for the clarification of questions; the personal data are not used for advertising or other purposes without the prior explicit consent of the customer. This is done on the basis of 6 sect. 1 sentence 1 lit. b GDPR, for fulfilment of the Mobile-/OnlineTicket contract. Without providing the data, the Mobile-/OnlineTicket cannot be used.
12.3 Inspection of Mobile-/OnlineTickets
For securing the revenues, the transport companies involved in the transport association may - on request - inspect the ticket data, the information stored in the barcode (masked last name, masked first name and date of birth of the ticket holder) and the control medium (e.g. personal ID) provided by the customer. This is done on the basis of of art. 6 sect. 1 sentence 1 lit. f GDPR. The legitimate interest of MVV GmbH and the transport companies is the securing of fares. Personal data are not stored on the control device, but only displayed. In the event of an objection to a ticket inspection, personal data may be forwarded to the transport company that is in charge of further processing. Without providing the data, the Mobile-/OnlineTicket cannot be used.
(1) The personal data collected by MVV GmbH or by its service providers will be deleted when the purpose of the data collection (sale of Handy- and Online tickets) does no more exist and no legal retention periods are opposed. The account information of a customer, who has not made any ticket purchases, will be erased, at the latest, after a period of two years. The account information of a customer who has made ticket purchases will be deleted ten years after the last purchase. The order data are treated as a receipt and are stored according to legal retention periods, then they are deleted. Apart from that, a cancellation of personal data can be carried out if a customer explicitly requests it by sending an email to firstname.lastname@example.org and given that no legal retention periods are opposed. In this case, the deletion is carried out within a maximum of 60 days.
(2) As long as the processing of personal data is based on the consent of the customer, there is a right to revoke the consent at any time, without affecting the legality of the processing carried out on the basis of the consent until the revocation, in accordance with the legal regulations on data protection (art. 7 GDPR, § 51 BDSG).
In case of processing of personal data to carry out tasks in the public interest (Art. 6 Sect. 1 Sentence 1 lit. e GDPR) or to safeguard legitimate interests (Art. 6 Sect. 1 Sentence 1 lit. f GDPR), the customer can object to the processing of personal data concerning her or him at any time with effect for the future. In case of an objection, the MVV GmbH refrain from any further processing of the affected data for the aforementioned purposes, unless,
There is a right to information on the personal data concerned (art. 15 GDPR) as well as to rectification (art. 16 GDPR) or cancellation (art. 17 GDPR) or to restriction of processing (art. 18 GDPR) or a right of objection to the processing (art. 21 GDPR) and a right to data portability (Article 20 GDPR) in accordance with the legal regulations on data protection. The customer can assert these rights by sending an e-mail to email@example.com.
(3) The website of MVV GmbH and the webshop for the sale of OnlineTickets use technologies of eTracker GmbH and Matomo to collect and store visitor behavior data. These data are collected anonymously to be used for optimization purposes. All visitor data are saved using an anonymous user ID and can be aggregated to a usage profile. Cookies may be used to collect and save this data, but the data remains strictly anonymous. Cookies are small text files that are stored in the visitor’s local browser cache. Using such cookies it is possible to recognize the visitor’s browser. The data will not be used to determine the personal identity of the website visitor or compiled with personal data pertaining to the user of the pseudonym unless agreed to separately by the person concerned. The collection and storage of data may be revoked any time with respect to subsequent services. The revocation for etracker GmbH can be fulfilled here and for Matomo here. If the cookies are deleted via the browser settings, the cookies for the revocation will be deleted as well. In order to deactivate the collection and storage of data, the revocation has to take place once again.
(4) The responsibility for data protection according to legal regulations is in the hands of MVV GmbH, represented by the management. It can be reached by e-mail via firstname.lastname@example.org or by post via MVV GmbH, Management, Thierschstraße 2, 80538 Munich. MVV GmbH has a data protection officer that can be reached by e-mail via email@example.com or by post via MVV GmbH, Datenschutzbeauftragter, Thierschstraße 2, 80538 Munich.
(5) According to art. 77 GDPR, irrespective of any other administrative or judicial remedies, the customer has the right to lodge a complaint with a supervisory authority, in particular in the Federal State of his or her residence, place of work or place of the suspected violation, if the customer considers that the processing of his or her personal data has violated the General Data Protection Regulation.
Responsible supervisory authority for MVV GmbH is the Bavarian State Commissioner for Data Protection, PO Box 22 12 19, 80502 Munich, www.datenschutz-bayern.de.
13. Legal requirements for dispute resolution
In accordance with Sec. 36f. Verbraucherstreitbeilegungsgesetz, MVV GmbH informs that the organization is not taking part in a dispute resolution at a consumer conciliation board.
The Online Dispute Resolution Platform of the European Commission is available via http://ec.europa.eu/consumers/odr/.
14. Final provisions
(1) Exclusively the law of the Federal Republic of Germany shall apply, subject to exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). In so far as the customer is a merchant or has his or her place of residence outside Germany, Munich is agreed upon as the exclusive place of jurisdiction.
(2) Should a provision of these General Terms and Conditions of Business be or become invalid, in whole or in part, the validity of the remaining provisions of the agreement in its entirety shall not be affected thereby.
Last update: March 2019