Sale of the Deutschlandticket subscription as a mobile phone ticket (hereinafter referred to as Deutschlandticket) via the online ticket shop of KVG Stade GmbH & Co. KG (hereinafter referred to as KVG GmbH)

1. general information

These General Terms and Conditions apply to the purchase of Deutschlandtickets via the KVG GmbH online shop. They supplement the General Conditions of Carriage, Fare Regulations and Privacy Policy.  

The Deutschlandticket is a nationwide season ticket for local public transport (local trains and suburban trains, trams, underground trains and buses) and is valid all day in 2nd class on all local public transport services in Germany. With the exception of children under 6 years of age, the Deutschlandticket does not allow the carriage of additional persons and is not valid on long-distance trains (ICE, IC/EC) and services offered by other providers (e.g. Flixtrain, long-distance bus services - Flixbus) and on means of transport operated primarily for tourist or historical purposes. The Deutschlandticket is issued at any time on a monthly basis, at least for the duration of one month. Only natural persons over the age of 18 and with unlimited legal capacity may be contracting parties. Minors must be represented by their legal guardians. If the contracting party and the ticket user are different persons, the Deutschland-Ticket will be issued to the ticket user.

2. registration/creation of a customer account

The Deutschlandticket is available as a digital subscription that can be cancelled monthly. The Deutschlandticket can be applied for online at KVG GmbH. To be able to purchase a Deutschlandticket in the KVG GmbH online ticket shop, the following requirements must be met:

The customer must be on the website my-ticket.shop go through the following steps in the purchase process and provide the requested data truthfully and completely:

Step 1 - Specifying the ticket user

• First name
• Name
• Date of birth
• E-mail address of the ticket user
• Selection of the start date  

Step 2 - Specifying the invoice recipient

• Name and full address
• E-mail address  
• Bank details with IBAN  
• Consent to the general terms and conditions, privacy policy and tariff provisions
• Consent to waive the right of cancellation for immediate execution of the contract

Important: A customer account is automatically created for the e-mail address entered in step 2, which may differ from the e-mail address of the ticket user, via which the subscription(s), terms, payment methods and personal data can be edited by the user.

The aforementioned steps 1 and 2 can also be carried out the other way round if the customer first creates a customer account using the "Login" button.

When ordering or opening a customer account for the online ticket shop, the customer must confirm these GTC, the data protection provisions and the applicable fare and transport conditions of the Deutschlandticket as well as the waiver of cancellation for the immediate execution of the contract.  

The customer undertakes to change data essential to the contractual relationship (in particular name, address and e-mail address) immediately in his personal customer area in the event of changes. If the customer fails to fulfil his obligation to provide information, KVG GmbH shall be entitled to charge the customer for any additional expenses incurred as a result.  

KVG GmbH would like to point out that it is not possible to save the Deutschlandticket on PCs/laptops (e.g. as a PDF file). A credit check is carried out as part of the application process. The approval of an application depends on the result of this check. Once the subscription application has been approved, the Deutschlandticket will be made available. By registering, the customer agrees to the credit check.

If it is not possible to debit the amounts due, KVG GmbH reserves the right to automatically cancel the contract and stop issuing tickets. Existing claims remain unaffected by this.

3. purchase and use of Deutschlandticket

By ordering a Deutschlandticket, the customer submits an offer to conclude a subscription contract. The order is placed by clicking the "Subscribe now" button in the KVG ticket shop on the website my-ticket.shop.com. When the order is placed, a customer account is automatically created for the customer at the e-mail address of the invoice recipient. By selecting the "Subscribe now" button, the customer places a binding, irrevocable, payable order for the Deutschlandticket subscription. On completion of the order, the customer receives an overview of the data entered. Where technically possible, the order is processed automatically by KVG GmbH.

The purchase price is due immediately. The amounts due are collected at the beginning of the month; direct debit is also possible for orders placed during the month for the current month.

KVG GmbH cannot guarantee an uninterrupted online ticket shop at all times. The Deutschlandticket offered in the online ticket shop does not constitute a binding offer within the meaning of §§ 145 ff. BGB (German Civil Code), rather it is an invitation to the customer to place a binding, payable order; the contract for the subscription is only concluded when KVG GmbH accepts/confirms the order.

The Deutschlandticket is personalised, non-transferable and only valid in conjunction with an official, valid photo ID for the person named on the Deutschlandticket. The contract of carriage is concluded with the transport company whose means of transport is used. Before boarding a vehicle of the transport company providing the service, the customer must have purchased the Deutschlandticket and ensure that it is a valid Deutschlandticket before travelling.  

The Germany ticket is provided as a "wallet link" for downloading to the wallet of mobile phones with Android or IOS operating systems. It must be able to be shown on the display of a mobile device for the purpose of control. The customer is responsible for the operational readiness of the mobile device and the complete display of the content of the Deutschlandticket for the purpose of inspection by the inspection staff.  

The mobile device must be carried at all times during the journey and must be presented to the transport company's driving personnel and inspection staff on request. In the event of a complaint, personal data may be forwarded to the transport company that carried out the inspection for further processing. Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract (Art. 6 para. 1 subpara. 1 lit. b) GDPR). Furthermore, the processing is carried out in the legitimate interest of KVG GmbH and the transport company carrying out the inspection to secure fare revenue (Art. 6 para. 1 subpara. 1 lit. f) GDPR). No Deutschlandticket can be used without providing the data.

In the event of technical failures, malfunctions or an empty battery, which mean that proof of the German ticket cannot be provided during an inspection, this will be regarded as travelling without a valid German ticket. If it is established during the ticket inspection that the purchase was made after the start of the journey, this will be regarded as a journey without a valid ticket. Please note that only the ticket opened from the wallet is recognised as valid: Screenshots, screen videos or similar evidence, even of valid tickets, do not authorise the use of transport services.

If the Deutschlandticket is not available or if there is an incorrect or incomplete transfer, it is the customer's duty to purchase a valid ticket by other means before starting the journey. In the event of an erroneous double booking, the customer can contact the following address: 

info@mein-ticket.shop

Subsequent presentation of the Deutschlandticket in person at the fare office/administration of the transport company is possible within one week. If the valid ticket is presented in good time, the increased fare will be reduced.

4. exclusion of the right of cancellation

Once a Germany Ticket has been issued, it cannot be returned, refunded, revoked or cancelled.

The right of cancellation and the right of return do not apply to the purchase of Deutschlandticket, as the provisions for distance selling contracts do not apply to contracts for the carriage of passengers in accordance with Section 312 (2) No. 5 BGB.

5. cancellation

The Deutschlandticket is issued on the 1st of each month, at least for the duration of one month. The respective contract can be cancelled on a monthly basis. The customer is entitled to cancel the Deutschlandticket online in the customer portal by the 10th of the previous month at the latest for the following month. If no cancellation is made, the subscription is tacitly renewed for a further month.  

There is no entitlement to compensation for periods in which the Deutschlandticket was not used.  

In the event of late payment, KVG GmbH reserves the right to terminate the contractual relationship without notice and to forward the case to a debt collection agency for further processing.

When KVG GmbH is notified of the death of the Deutschlandticket user, the contract is terminated and the Deutschlandticket is deactivated.

6 Payment procedure and notice of assignment

Notice of assignment

The collection of the payment claim for the purchased Deutschlandticket is carried out by the finance company, which may vary depending on the method of payment and also in the future, to which all payment claims, including the claim for reimbursement of any fees, have been sold and assigned. The finance company is a third-party beneficiary of the following provisions and is also authorised to collect the receivables in the name of KVG GmbH and/or in its own name and for its own account.

Payment methods and invoicing

In addition to the conditions described above, the following regulations apply to the payment of the booked Germany tickets. The customer is not entitled to participate in a specific payment method. All payment methods are only available to persons over the age of 18 who have full legal capacity.

•     The SEPA Direct Debit Scheme is currently available as a payment method

Other payment methods are not possible, but KVG GmbH does not rule out the possibility of establishing further payment methods in the future. Personal data and details of the respective payment method are required for payment.

Payment by SEPA direct debit

If this payment method is selected, the customer's personal data (first name, surname, address in Germany, date of birth and e-mail address) and a bank account details are required for the clear allocation of a payment for purchased tickets. This payment method can only be used when registering (a customer account is opened automatically during the ordering process) in the KVG GmbH ticket shop. The bank details are stored securely in the financial company's system so that the customer can use the SEPA direct debit procedure repeatedly without having to re-enter the bank details for each purchase. By selecting this payment method, the customer authorises the finance company to collect payments from his specified account within the European Union by SEPA direct debit with the consent of these GTC. At the same time, he instructs his payment service provider to honour the direct debits drawn on his account by the finance company. The customer is informed that he/she may demand reimbursement of the debited amount within eight weeks of the debit date. The conditions agreed with his payment service provider shall apply. In the event that the customer is not the account holder of the specified account, the customer assures by entering the data that they have the consent of the account holder for the SEPA direct debit.

The customer undertakes to provide all account details required for participation in the SEPA Direct Debit Scheme (in particular account holder, BIC and IBAN) and to enter them in the form provided for this purpose online or in the web shop. In the SEPA Direct Debit Scheme, the customer receives an advance notification (prenotification) from the financial company about the collection date and amount. The customer shall receive the prenotification at least two (2) days before the claim is collected.  

The customer 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 if the collection of the claim from the payer's payment service provider fails for reasons for which the payer is responsible - in particular due to insufficient funds, incorrect or invalid bank details or objection - the payer shall be obliged to ensure that sufficient funds are available or that the reason for the payment disruption is rectified. to ensure that the reason for the payment disruption is rectified so that, in addition to the outstanding amount, the bank's third-party fees incurred can be collected on the date stated in the reminder KVG GmbH and the finance company or authorised collection agency are entitled to claim further damages for default.

The customer waives the right to obtain a written SEPA direct debit mandate. The waiver shall be declared by the customer to the customer's payment service provider, the creditor bank and the creditor. The customer agrees to the waiver being passed on to the aforementioned parties. If the waiver lapses or becomes ineffective, the customer may take out a new subscription and issue a new direct debit mandate as part of the new order. If the customer is not the account holder, the customer is obliged to forward the mandate reference number to the account holder.

If the customer unjustifiably initiates a charge back (return of the amount) or if the collection of the claim fails for reasons for which the customer is responsible, the customer is obliged to pay the third-party fees incurred in addition to the purchase price of the purchased ticket. KVG GmbH and the finance company or authorised collection agency are entitled to claim further damages caused by default.

The customer is not entitled to participate in the SEPA Direct Debit Scheme.

7. data protection

Detailed information is available in the data protection information in accordance with Art. 13 and 14 GDPR at the following Internet address:

• www.kvg-bus.de/datenschutz

The personal data provided by the customer during the registration process and any related updates, in addition to the information stored during the purchase process, will be processed in accordance with the provisions of the General Data Protection Regulation (GDPR) by KVG GmbH and the group of companies belonging to KVG GmbH. The data relevant to the payment process is stored exclusively by the responsible financial company.

8. cancellation of the customer account

The customer is entitled to terminate the contractual relationship with KVG GmbH regarding his customer account at any time without giving reasons and without observing a period of notice. The customer can make this cancellation independently in the customer account. Any outstanding liabilities of the customer to KVG GmbH, for example from unpaid costs, are not affected by this cancellation and remain in force. For its part, KVG GmbH is authorised to terminate the contractual relationship with the customer in writing by e-mail to the e-mail address provided by the customer, subject to a notice period of 14 days. Such ordinary cancellation by KVG GmbH may occur in particular if the customer has not purchased any tickets via the customer account within a period of one or more years and no changes have been made to the contract data.

KVG GmbH reserves the right to terminate the customer account extraordinarily and with immediate effect under certain circumstances. This may occur in particular if the customer:

• entered incorrect data during registration,
• violates these General Terms and Conditions,
• infringes the rights of third parties, in particular those of the contracted service providers, in the context of the use of HandyTickets,
• if there is another important reason that makes it unreasonable for KVG GmbH to continue the business relationship due to a loss of trust, e.g. in the event of manipulation.

The form of extraordinary termination shall be determined in accordance with para. 1.

Once the cancellation takes effect, the customer will no longer be able to purchase or use mobile phone tickets. If the customer account is cancelled or blocked, the customer is not entitled to use the internet-based sales service.

9. blocking

The customer bears full responsibility for the security of his access data, including user name and password, and is obliged to protect these from unauthorised use by third parties. This includes, in particular, keeping the password secret.

In the event of loss or theft of the mobile device used for the online transaction, the customer is obliged to immediately change their personal password in the associated login area in order to effectively rule out potential misuse.

As soon as the customer discovers any misuse of their customer account, they are obliged to report this immediately, either by e-mail or via the customer telephone number provided.

Customer service contact details

info@mein-ticket.shop

The customer shall be liable for all liabilities incurred up to that point until receipt of the corresponding notification. Upon receipt of the report, KVG GmbH will provide the customer with support during its regular business hours by immediately blocking the customer account in question for the use of mobile phone tickets.

In the event of misuse detected by a transport company or service provider, the customer account will be blocked immediately. Information about the blocking will be sent by e-mail. Until the time of blocking, every ticket purchase or use of services processed via the customer account is deemed to have been initiated by the customer.

In the event of a disruption to payment transactions of any kind, the customer's account shall remain blocked until the outstanding receivables have been settled in full. The customer will be informed of the blocking by means of a reminder letter from the financial services provider. In such cases, the customer may incur additional costs, such as reminder fees. 

10 Legal requirements for dispute resolution

The KVG GmbH informs according to § 36 f. Verbraucherstreitbeilegungsgesetz (VSBG) that it does not currently participate in dispute resolution proceedings before a consumer arbitration board. The EU Commission's online dispute resolution platform is available at the following link: http://ec.europa.eu/consumers/odr/.

11. final provisions

With regard to declarations and legal transactions in which the date and/or time play a significant role, the date and time displayed on the server shall be considered binding. The language of communication used for the conclusion of the contract is German.

The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.  

Should individual provisions of these GTC be wholly or partially invalid or lose their legal validity at a later date, this shall not affect the validity of the remaining GTC. The invalid provision shall be replaced by the statutory provisions. The same applies if an unforeseen loophole arises in the implementation or interpretation of the GTC.

Collateral agreements, amendments or additions must be made in writing to be effective, as must the cancellation of the written form requirement. The written form requirement within the meaning of these GTC is also met by e-mail.