GENERAL TERMS AND CONDITIONS (GTCs)
Terms of use for the booking platform and the elbMOBIL app
1.
Object
KVG Stade GmbH & Co. KG (hereinafter referred to as "KVG") operates a booking platform under the product name "elbMOBIL" for on-demand surface transport with motor vehicles (hereinafter referred to as on-demand transport). The corresponding transport service is provided by KVG or by third parties commissioned by it. The transport of the on-demand lines is integrated into the Hamburg Transport Association (hvv) in terms of transport and tariffs.
These terms of use apply to all legal relationships in connection with the provision and use of the booking platform. The on-demand transport services booked via the booking platform are subject to the hvv tariff conditions. The current version of the fare conditions can be found at www.hvv.de/de/gemeinschaftstarif to view. In addition, a comfort surcharge of 1.50 euros per person and journey is levied.
2.
Registration
In order to use the booking platform for on-demand transport, the elbMOBIL application ("app") offered by KVG for free download from the Google Play Store and the Apple Store must first be installed on a mobile device and a one-off registration as a user (creation of a customer account) must be completed. To do this, the person using the app enters their first and last name and the mobile phone number they use. An e-mail address can also be entered. They must also agree to the terms of use for the booking platform. It is also possible to enter a credit card.
3.
Booking journeys for on-demand transport
Booking via the app
After initial registration (see § 2), the person using the app is authorised to make journey requests and book them. Non-binding journey requests can now be made via the app, stating the desired departure and destination points and the desired departure or arrival time.
Alternatively, the person using the app can authorise the use of their own location data (geolocation) in the app, which is then automatically suggested as the starting point for journey requests. This suggestion can be overwritten at any time. Once authorised, the use of location questions can also be switched off in the app at any time. After entering and confirming the desired journey data, a specific journey suggestion is made via the background system of the booking platform, taking into account the currently available space capacities, stating the following parameters and displaying them to the person using the app: estimated pick-up time
- Estimated time of arrival (time slot)
- Estimated journey time
- Estimated route
- Route from the location to the pick-up point (visualised on a map)
- Route from the pick-up location to the arrival location (route visualised on a map)
- Route from the point of arrival to the destination (visualised on a map)
- Period of validity of the offer
- Fare
This journey suggestion can be confirmed by the person using the app within a displayed time period using a selection button. In this case, the journey suggestion becomes a binding booking for the journey and the four-digit authorisation code for this journey is displayed via the app. If the journey suggestion displayed via the app is not accepted within 30 seconds, the journey suggestion expires without any costs being incurred. The person using the app can also actively cancel a journey suggestion free of charge within the 30-second period. However, a journey suggestion is only generated and displayed if the departure or arrival time predicted via the booking platform is no more than 20 minutes away from the departure or arrival time requested by the person using the app. If this is not possible depending on the current booking situation, this will be displayed via the app.
Booking by telephone
Passengers who do not have a suitable terminal device are offered the option of booking by telephone. In this case, the actual booking process in the elbMOBIL system is carried out by the booking hotline staff. Without the use of the app, features such as real-time tracking of the elbMOBIL or notification of any delays are not available.
4.
Contract of carriage and fare
No costs/fees are charged for downloading or using the app. The person using the app bears the connection costs arising from the use of the app.
Upon confirmation of the journey proposal submitted by the booking platform, a contract of carriage is concluded between the person using the app and KVG for the transport service in accordance with the previous booking. The successful conclusion of the contract of carriage is indicated by the four-digit authorisation code for the journey. The person using the app owes KVG the fare specified at the time of booking. The fare is made up of the relations-related connection price in accordance with the hvv Community Tariff and a surcharge applicable to the on-demand lines (elbMOBIL surcharge).
Passengers who have an hvv ticket valid for on-demand transport in terms of time and place can enter this in the passenger settings of the app when booking. Only the surcharge applicable to on-demand transport is then paid.
When boarding the vehicle, all passengers must present the authorisation code (verbally or visually) and, if an hvv ticket is used, show the original ticket. Both must be presented without being asked. The ticket inspector is authorised to look at and touch the ticket to check it carefully. The passenger is obliged to hand over the ticket for the inspection process.
Free transport of severely disabled passengers
Disability cards are not recognised for on-demand transport.
5.
Payment
KVG Stade uses the financial company LogPay Financial Services GmbH, Schwalbacher Straße 72, 65760 Eschborn (hereinafter also referred to as "LogPay") to process the e-payment service. The payment claim for the purchased tickets is collected by LogPay, to which the KVG has sold and assigned all payment claims, including any ancillary claims and fees (notice of assignment). LogPay is a third-party beneficiary of the following provisions. It is also authorised to collect the receivables in its own name and for its own account.
In addition to the conditions described above, the following regulations apply to the payment of the booked ticket. All payment methods are only available to persons over the age of 18 with full legal capacity. Prepay methods are also available to minors of limited legal capacity aged 7 and over.
Booking via the app
Payment for journeys booked via the app within the elbMOBIL service area is made exclusively electronically via the app. If the journey is to be continued beyond the elbMOBIL service area, the person using the app indicates "I have an hvv ticket" during the booking process and then purchases this directly from the elbMOBIL driver.
Payment methods and billing
The person using elbMOBIL can choose between the following payment methods for booking journeys in the app:
- Billing via the SEPA direct debit scheme
- Billing via credit card (Visa, MasterCard)
- Payment via PayPal
- Prepayment (credit account)
Other payment methods are excluded. The person using the app is not entitled to a specific payment method. LogPay will generally collect the claim via SEPA direct debit or credit card within the next five bank working days after the ticket has been purchased. The debiting of the account or credit card depends on the processing of the payment service provider of the person using the app. The overview of the ticket purchases made (hereinafter also referred to as "sales overview") contains individual proofs of purchase and can only be viewed and retrieved electronically by e-mail or via the app and only by the registered person.
Payment by SEPA direct debit
If the SEPA direct debit procedure is selected, personal data of the person using the app (first name, surname, address, date of birth and email address) and an account details within the European Union are required for the clear allocation of a payment for a purchased ticket. If this payment method is selected, the app user authorises LogPay to collect payments from their specified account by SEPA direct debit with their consent to these terms of use. At the same time, the app user instructs their payment service provider to honour the direct debits drawn on their account by LogPay. The person using the app is informed that they can request a refund of the debited amount within eight weeks of the debit date. The conditions agreed with their payment service provider shall apply. In the event that the person using the app is not the account holder of the specified account, they shall ensure that the account holder has given their consent to the SEPA direct debit.
The person using the app undertakes to provide all account details required for participation in the SEPA Direct Debit Scheme (in particular the account holder and International Bank Account Number (IBAN)) and to enter them in the app. In the SEPA Direct Debit Scheme, LogPay will send a pre-notification of the collection date and amount. The person using the app will receive the prenotification at least two days before the claim is collected. The prenotification is sent electronically with the order confirmation to the e-mail address provided.
The person using the app must ensure that the specified account has sufficient funds so that the SEPA direct debit can be collected. If a SEPA direct debit is returned by the payer without authorisation or the collection of the claim from their payment service provider fails for reasons for which they are responsible - in particular due to insufficient funds, incorrect or invalid account details or objection - they are obliged to provide sufficient funds or to remedy the reason for the payment disruption so that, in addition to the outstanding amount, the third-party fees incurred by the payment service provider can be collected on the date specified in the reminder. LogPay is entitled to claim further damages for default.
By agreeing to these Terms of Use, the person using the app waives the right to obtain a written SEPA direct debit mandate. The waiver is declared by the app user to their payment service provider, the creditor's payment service provider and the creditor. The app user agrees to the waiver being passed on to the aforementioned parties. If the waiver lapses or becomes ineffective, the person using the app is obliged to submit a written mandate without delay. An e-mail to sepa@
logpay.com with a request to send the SEPA direct debit mandate form. The person using the app will then receive the SEPA direct debit mandate form, which they must complete, sign and return to LogPay by post. If the person using the app is not the account holder, they are obliged to forward the mandate reference number to the account holder.
Payment by credit card
Purchased tickets can only be billed by credit card using Visa or MasterCard. Other types of credit card are not accepted.
During the order process, the following credit card details of the person using the app are recorded
- Surname and first name of the credit card holder
- Credit card type (Visa, MasterCard)
- Credit card number
- Credit card expiry date
- CVC code of the credit card
and transferred to the LogPay server for debt collection. LogPay's system checks the credit card details provided by the person using the app for accuracy and any blocking notices from the respective credit card issuer. In the event that the person using the app is not the holder of the credit card provided, it ensures that the cardholder has authorised the charge. The person using the app must also ensure that the specified credit card is not blocked and has a sufficient limit. If the authorisation fails for any reason, the person using the app will receive a corresponding error message.
The time at which the amount is debited from the account is determined by the respective credit card agreement between the person using the app and their payment service provider.
If the payment service provider supports the "3D Secure procedure" (Verified by Visa / MasterCard® SecureCode™), this is used to increase security against misuse for payment by credit card. If the payment service provider does not support the 3D Secure procedure or does not consider it necessary to carry out the 3D Secure procedure, the check will not be carried out.
The person using the app must ensure that the claim can be collected via the credit card. If the app user unjustifiably initiates a charge back (return of the amount) or the collection of the claim fails for reasons for which he/she is responsible, he/she is obliged to ensure sufficient funds or to remedy the reason for the payment disruption so that, in addition to the outstanding amount, the third-party fees incurred by the payment service provider can be collected on the date specified in the reminder. LogPay is entitled to claim further damages for default.
Payment via PayPal
To pay with PayPal, the person using the app selects "PayPal" as the payment method. They are then redirected to the PayPal website where they enter the required data. As a non-registered user, they confirm the payment. As a registered user, the person using the app concludes a billing agreement with LogPay, under which the PayPal account of the person using the app is debited with the receivables due. The purchase offer of the non-registered or registered person can only be accepted if his/her PayPal account is successfully debited. The person using the app will either receive a confirmation or a rejection.
It is also possible to buy credit packages of 5, 10 or 20 euros via the app and pay with the stored payment method. You can also pay for the credit packages in advance by bank transfer. Please transfer the desired amount to the following account:
Account holder: KVG Stade GmbH & Co. KG
Bank: Commerzbank Stade
IBAN: DE03 2214 0028 0555 1254 00
BIC: COBADEFF221
Purpose: "elbMOBIL" + your name
KVG is free to offer other payment methods. In this case, all persons using the app will be informed of the new payment methods and the applicable conditions.
Booking by telephone
The person making the booking by telephone can make the payment in the following way:
- Cash payment when boarding the elbMOBIL.
6.
Distribution channels
For journeys with the elbMOBIL, the fare regulations of the Hamburger Verkehrsverbund (hvv) apply in the currently valid version. The following also applies:
Comfort surcharge
For journeys with the elbMOBIL, a comfort supplement must be paid in addition to the hvv fare. The valid fare is therefore made up of the hvv fare for the respective route and the comfort supplement. The comfort supplement must always be paid per person and journey.
Distribution channel elbMOBIL app
When using the elbMOBIL app, the terms of use for the elbMOBIL app must be observed. The following tickets can be purchased via the elbMOBIL app:
- Comfort surcharge for hvv bar fare tickets and hvv season tickets
- Tickets for the hvv bar tariff with departure and destination points within the elbMOBIL service area
Tickets purchased via the elbMOBIL app sales channel are provided exclusively as e-tickets for the smartphone issuing medium.
Deactivation of customer accounts
In the event of misuse of the customer account used by the person using the elbMOBIL app, the KVG may temporarily or permanently deactivate the customer account. This will be done in particular in the event of repeated or individual serious violations of the hvv's fare and transport conditions and the terms of use of the elbMOBIL app.
7.
Non-execution of a booking/cancellation of a booking
All journey bookings made via the booking platform can be cancelled at any time by the person using the app via the app. Cancellations made by the app user within two minutes of the booking are free of charge. Cancellations made by the app user more than two minutes after the booking has been made will not result in a refund of the comfort surcharge payable for the journey. If the person using the app does not turn up at the pick-up point at the specified departure time, any ticket purchased via the booking platform will also not be refunded.
All journey bookings made via the booking platform can also be cancelled by KVG at any time. This may be the case, for example, in the event of a technical defect, accident or serious traffic obstructions due to traffic jams or weather conditions. In this case, the person using the app will not be charged any costs. Any payments already made for tickets and/or the comfort supplement will be refunded.
In order to ensure the highest possible availability of the service, KVG expressly reserves the right to exclude persons who repeatedly fail to appear at the pick-up point at the departure time specified in the app from using the booking platform, at least temporarily.
8.
Cancellation of the customer account
The person using the app can delete the customer account set up with the registration at any time by clicking on the corresponding button under the account information. Alternatively, the deletion can also be cancelled by sending a declaration in text form by e-mail to elbmobil@kvg-bus.de take place.
9.
Changes to the app, service and terms of use
KVG is authorised to modify the booking platform, the app or the service in any form at its own discretion, even without the consent of the person using the app, in particular with regard to the further development, improvement or troubleshooting of the app and service.
KVG is also entitled to stop offering the app at any time and to discontinue the service, including transport, in whole or in part; no notice of cancellation to the customer is required for this. KVG shall inform the person using the app of this in text form.
10.
Liability
The liability of KVG in connection with the provision and use of the elbMOBIL service, including access to the applications, websites and content provided for this purpose, with the exception of liability for injury to the life, body or health of the customer, is limited to intent and gross negligence on the part of KVG or its legal representatives or vicarious agents, insofar as damages are not covered by insurance policies taken out. This does not affect KVG's liability for breach of material contractual obligations or any liability of KVG under the Product Liability Act.
If KVG has made deviating liability provisions in its General and/or Special Conditions of Carriage or Terms of Use, these shall apply.
11.
Data protection
Information on data protection can be found in the privacy policy for this app. Contact details of the data protection officer: KVG Stade GmbH & CO. KG, Data Protection Officer, Harburger Str. 96, 21680 Stade; e-mail: datenschutz@kvg-bus.de
12.
Final provisions
German law shall apply. There are no verbal collateral agreements. The legal invalidity of individual parts and provisions of these terms of use shall not affect the validity of the remaining provisions.
KVG is authorised to amend these Terms of Use at any time. KVG will inform the customer of this via the app. Continued use of the booking platform is linked to the consent of the person using the app to the amended terms of use.
Stade is agreed as the place of jurisdiction for all disputes arising from or in connection with the operation of the on-demand lines.